Current News & Events

FWLD and Action Aid/Nepal organized a discussion program on the implementation of the guidelines issued by the Supreme Court of Nepal rearding the right to confidentiality. The program was held on 28 January 2008.

The objective of the program was to disseminate imformation regarding the right to confidentiality and to discuss how the guidelines can be implemented. Disclosure of identity of a party of the case is discouraging them from going to courts for justice and is ultimately hampering the access to justice.

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Courts to punish disclosure of HIV affected. (The Kathmandu Post 27 / 12/ 2008)

The Supreme Court ruled that those including the media, that reveal the identity of HIV /AIDS – infected and women and children during a judicial process will be subjected to one-year imprisonment for contempt of court. The SC issued the ruling while handing down a set of guidelines for courts, government agencies and the media, outlining how the judicial process in sensitive cases involving the HIV / AIDS – infected, women and children should be dealt with to maintain secrecy. "Those who violate the guidelines will face contempt of court of charges and will be punished accordingly" said the judges. Besides facing one year imprisonment, violators would also have to pay a sum of Rs. 10,000 in fine. The guidelines have stressed protection of the identity of HIV / AIDS – affected women and children when they are involved in sensitive court cases. In the guidelines, the apex court said that the identity and other facts relating to such cases must be kept secret from the times the cases are brought to court till the time they are settled. Similarly, symbols, words, numbers or alphabets are required to be used to denote such cases throughout the judicial process. "No real identity should be revealed in court orders and verdicts either" the court said.

Similarly, the court has also banned dissemination of information revealing the identity of the HIV / AIDS – affected, women and children when they are litigants. The guidelines will be in effect from January 24 until the government enacts necessary laws ensuring secrecy of the judicial process in such cases. The court has ordered the registration of the Supreme Court to monitor the implementation of the guidelines.

The court prepared the guidelines in response to the public interest litigation filed by FWLD. The guidelines are required as the existing judicial process does not protect the privacy of the HIV /AIDS - infected and women and children when they are involved in the judicial process.

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Nepali Women's Movement and International Collaboration

Forum for Women, Law and Development (FWLD) in conjunction with Sanchairka Samuha and Equality Now conducted a Program Nepali Women's Movement and International Collaboration on 13 December 2007 (Mangshir 27, 2064) in Hotel Annapurna. Advocate Sapana Pradhan Malla Moderated the session. The participants had the honor of discussing their thoughts with the renowned and eminent Speakers of our Program Ms. Gloria Steinem,   recognized Feminist Activist and renowned Lecturer and Writer, and Consulting Editor of the famous feminist Ms Magazine and Founder of Choice Magazine U.S.A and Honb'ble Justice Navaneitham Pillay, the first dark-skinned woman to be appointed as a High Court Judge in South Africa and the one who led the landmark decisions defining rape as an institutionalized weapon of war and crime of genocide. She was elected by the United Nations General Assembly to be a judge at the International Criminal Tribunal for Rwanda, where she served for 8 years, including 4 years as the President.

There were participants from various organizations viz: Members of the Parliament, Chairpersons / Presidents from various NGOs / INGOs and other organizations, Advocates, Editors and Sub-Editors, Officers, Journalists, Reporters and Cameramen.

The program's prime theme was to discuss and share how the media could be instrumental in the prevalence of gender equality and also, discuss the prevalence of justice in the country.

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Interaction Program

FWLD organized an Interaction Program "The Role of Various Stakeholders for the Effective Implementation of CEDAW Convention" on 5 December 2007 in Kathmandu. The meeting had the honor of having the CEDAW member Ms. Shanti Dairaim. The prime objectives of the meeting were to share and submit the State Periodical Report, the Shadow Report and the Complain Mechanism under the CEDAW Convention.

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Child Marriage: Legal Responses

FWLD in conjunction with UNIFEM conducted a study "Child Marriage: Legal Responses"on July 2007 to identify the causes of child marriages in Nepal, to understand the repercussions of child marriage, to find out the causes of ineffective enforcement of law, to suggest recommendations for effective control of child marriage, and to develop strategies for effective implementation of law to prevent child marriage.
According to the national census report prepared by the Central Bureau of Statistics of Nepal (CBS), about 47 percent of the population shows that their age at their first marriage is between 15-19 age groups. In this age group 55.5 percent women get married and about 99 percent of the women get married before the age of 29. The same CBS report mentions that only one percent women get married after 30 years of age while most males get married after 35.

This verifies that child marriage is still a day-to-day reality in Nepal with girl children being subjected to it more than boys. Several UN reports as well as the CBS reports indicate the high prevalence of child marriages in the country. Nepal has the tenth position where prevalence of child marriage is high. Repercussions of child marriages are immense – psychological and physical problems being the most significant. Early marriages coincide with child bearing at a young age thereby posing enormous threat to the health of the mother and the new born. Child marriage deprives girls from the opportunity to education and career advancement. Although there is a law against child marriage, it is not properly implemented. Being considered a private matter, child marriage is rarely reported. There is mass ignorance about the existing laws regarding child marriage among the general population and particularly amongst the vulnerable children. It is high time to identify the underlying causes that transpire child marriages in society, the impacts of child marriage on the child concerned, the new born babies, the family, society and the nation as a whole, and to suggest the measures that have to be taken for controlling such marriages. Meanwhile, on 13 July 2006, the Supreme Court had issued a directive order in the name of the government for the effective enforcement of law regarding child marriage. It is with reference to this Supreme Court's directive order that this study has been conducted to find out the causes and consequences of child marriage and to identify strategies that would be effective to address at all levels.
Despite criminalization for years, child marriage is a harsh reality in Nepal. Being a party to a host of international human rights instruments in the forms of Conventions and Declarations, the country has an international obligation to eliminate child marriage, while in the national context, it is a constitutional and legal duty of the state to protect the rights and the best interests of children. However, implementation of laws and government policies relating to child marriage is very weak.

The law against child marriage is found to be very weak in terms of degree of punishment and wide discretionary power left to correct its sentencing. The discretionary power has not been rationalized with the mention of aggravating circumstances or grounds for leniency. Compensation clause is also weak as it is based on the amount of fine imposed on the offences, which is very low. There is no provision of counseling and interim relief to the victims.

It is found that child marriage has traumatic effects on the victims, especially the girls' higher risks of maternal mortality, poor physical as well as mental health, discontinuation of education and career building opportunities, still birth or poor health of the child, and violation of series of fundamental human rights including reproductive health rights. Though Child marriage leads to violation and deprivation of child right for both sexes,  it is more so with regard to girls, as it also leads to their sexual abuse and exploitation.

In many cases, girls are taken away from their parent's house after marriage and are subject to the ways of their in-laws. As the case studies cited above show, the daughters-in-law are treated very poorly by families most of the time due to traditional social values. They are the first to complete almost all household chores, but are the last to eat, if anything is left worth eating, and left to sleep in hunger. The alarming anecdotes the victims shared with us during the study made us rather emotionally attached to their enduring struggles that are fought for years without any support from within or from outside. If no timely actions are taken, this ruthless and senseless tyranny against girl children and women will last for years to come.

As child marriage is very much associated with the social norms and values of the community there must now be a common goal and basic minimum understanding amongst civil societies organizations and government organizations towards making this social menace an unacceptable and intolerable practice in case of both girls and boys. In a sense, it is time to satisfy ourselves that laws and policies against child marriage are in place and that the state has an obligation to eliminate it.

For further details, please check out our publication.

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Discriminatory Laws against Women: An Updated Study 2007

FWLD has, for the second time, updated the study entitled "Discriminatory Laws against Women: An Updated Study 2007" supported by The Ford Foundation and Published by FWLD on September 2007. The objectives of this updated study are:

• to identify the changes brought by the newly enacted and amended laws,
• to document the process of amendment,
• to identify the remaining discriminatory legal provisions against women,
• to recommend future action for the reformation.

Some of the major findings of the study are:

• Discriminatory Laws and Areas of Remaining Discrimination:

The study examined 289 Acts including the Constitution and 280 Regulations. The study identified 96 discriminatory provisions and 92 schedules spread in 62 different legislations spread in 2 Articles of the Constitution, 43 Sections of various Acts, and 51 Rules of various regulations discriminating against women.
Substantive discrimination still exists in the field of nationality, marriage and family relations, sexual offence, and property rights. Among the documented areas of discrimination, 35 provisions are discriminatory with regard to property, 26 in family, 15 in health, 5 provision and 3 schedules in nationality laws, 3 in sexual offence, 2 in employment, 1 provision and 88 schedules in identity, and 9 provisions and 1 schedule in court proceedings.

Discrimination in Conferring Citizenship and Recognizing Independent Identity
The Interim Constitution of Nepal, Citizenship Act, Citizenship regulation and Passport Rules even today discriminates women. In conferring citizenship to the children, the new law requires that children born from foreign husband has to be born in Nepal, and to be permanent residents of Nepal. Even after completion of these two conditions, children will only be conferred naturalized citizenship. Discrimination in conferring citizenship to foreign spouse of a Nepali woman still exists. Passport forms mentions only wife and children as a accompanying persons.  Many laws require identification through father or husband. Clothing allowances in the Supreme Court recognized for the wife of the judges only.

Even after the major amendments, in certain cases, there is still no recognition of women in documents related to legal proceedings. Personal record is maintained only through father or husband; identification of mother or wife is still not recognized by many official documents.

Inequality in Economic Rights
The Country Code amendment has recognized equal right of women in property; but, married daughters are excluded from right to inheritance and intestate property. They are not considered as coparcener and fall behind in the line of succession. Partition calls only for the children of brothers, without any mention of the sisters' children.

Though bigamy is illegal, law recognizes all wives as equal shareholders in the husband's property.  Remarriage of separated women with property requires returning property inherited from the husband. Married daughters are still excluded form the line of succession for pension under Civil Service Rule, Police Rule, Parliament Secretariat Rules, Postal Service Rule, Army Rules, and Armed Police Act. Adopted sisters not included in the line of succession to receive pension.

Discrimination in Employment

Army Police Regulation discriminates women requiring them to be unmarried or widowed for being eligible to apply for the job, and also restricts women from marriage during the training period.

Denial of Reproductive Health Right
There is no uniform maternity leave in the statutes as some legislations provides for 52 days, some 60, some 98 days and in some legislations there are no provisions for maternity leave. There is a discriminatory provision regarding the punishment in abortion. Lower punishment is provided for third party as a result of his or her act causing abortion than for women performing abortion voluntarily beyond legal criteria.

Discrimination in Sexual Offence
Even though marital rape has been recognized as a crime, the new punishment provision still has discriminatory punishment for raping married and unmarried women. Among married women, depending upon who the culprit is (husband or others); there is variation with regards to the punishment.

Inequality in Marriage and Family Relations
The father has the first priority over the mother while naming a child. Bigamy is still allowed if wife has incurable sexually transmitted disease, if she becomes physically handicapped, if becomes blind, if she is incurably insane, or has taken a share of her husband's property Now discrimination has also been made with new amendments inserting provisions that bigamy is permissible with the consent of wife. This provision can be misused by getting coerced consent and legitimize bigamy. Mothers are denied for child care and guardianship if remarriage in case of death of father under the Chapter of Paupers. Definition of family still excludes married daughter, adopted daughter or daughter above the age of 35 under various legislations. Restriction on marriage and sexual relation has been made for women relatives of the same category such as for sister in law, but not for brother in law.  Different time limitation (3 months for bigamy, up to 1 year for adultery by women) has been fixed for the bigamy by men and women.

 Court Proceedings
Many legislations still provides identification through father, personal record requires only father‘s name.  Revenue Tribunal mentions only court dress for male.

Discriminatory Wordings
In addition, 87 schedules/ annexes are discriminatory majority of them still do not recognize women's independent identity. This also includes 3 Articles, 398 Sections, 110 Rules and 3 Annex that still uses prejudice and degrading words.

Discriminatory wordings like Chairman (sbhapati ), Elder Oldman, Girl gift (kanayadan), father's obsequies not mothers (Pitrikarya), degrading word for women like Aimai, Vice-chancellor (Upkulpati), Chancellor ( Kulpati), Industrialist ( Udhyogpati), Pati, Chief of Army (Pradhansenapati), bahinipati are still used in various legislations. Though these are not necessarily a substantive issue, these words are not gender neutral, and it is an issue since it is prejudice and disrespectful of the dignity and equality of women.

 Elimination of Discriminatory Laws and Areas of Reform
The study has listed legislations that have been repealed, amended, and enacted and found 64 provisions and 19 schedules that have been amended guaranteeing non discrimination based on sex. Out of which 3 Articles have been changed by the promulgation of the Interim Constitution, 53 Sections and 8 Rules with the enactment of new law, amendment of existing legal provisions, and with the Supreme Court's decisions. Discrimination is eliminated with 8 provisions and 6 schedules in Nationality Law, repealed 19 provisions in laws related to Economic Right, 5 provisions in Laws that deals with Sexual Offence, 1 in Education, 2 in Employment, 3 in Health, 15 in Laws that deals with Family Relations, 7 in Court Proceedings, 4 provisions and 13 schedules in the laws that is used for Identity Documents.

Equality in Citizenship and in Identity Documents
Reformation has been made in the Constitution, Citizenship Act, Citizenship Regulation, and Passport Rules in regards to citizenship right of women. Recognizing women as an independent legal citizen, legal right of mother in conferring citizenship to their child has been established. Women are also recognized as a lineal descendant of the family. The citizenship application form and certificate recognizes both parents' names. Now, women do not require guardian's approval to obtain a Passport or Voters' Card. The Interpretation Act has interpreted not only son but also daughter as a child. In Adoption laws where "adopted son" was used, it now includes "daughter". Definition of family under different legislations now includes daughters as well.  Clothing allowances for spouse has been recognized by female officials. Women civil services are now entitled to get pension if they join the service after 39 years. Women can register the birth of her Children.

Equality in Economic Right
Equality in economic right plays a key role for the empowerment of women. Unmarried daughters have the right to equality in inheritance, even after marriage there is no requirement to return the property. This is a landmark reform made by the Gender Equality Amendment. Reformation of laws also guarantees equality in financial transaction by women. Daughters are made eligible for land tenancy. Daughters are also eligible for Bonuses, Insurance, Provident Fund and Pension of the parent. In this area, discrimination based on married and unmarried daughters are repealed. Women are also entitled to use and exercise their inherited property and exclusive property freely, without requiring consent from male family members.

Recognition of Women's Sexual Autonomy
A widow had to be chaste to her dead husband to be eligible for inheritance. This law has now been changed with a new provision providing an exclusive right to the property she inherits. Laws that considered a woman's spouse as their ex- husband by the legal provision if she had been raped has been repealed. Marital rape has been interpreted as a crime and new definition through gender Equality Act has been inserted. Victim compensation in rape has been introduced. Punishment on marital rape is provided by the Gender Equality Amendment Act, though it is nominal punishment, case has already been filed to challenge discriminatory punishment.  Equality in punishment has been made for performing abortion voluntarily by women beyond legal criteria or in case of abortion with force or coercion, threat, enticement. Maternity leave is recognized for 98 days as per International Labour Convention's standard of the judges of appellate and district courts.

Protection from Violence
Definition of sexual harassment is provided and exemption of perpetuators in sexual harassment of girl under 11 has been repealed.  Rape of married women considering end of spousal relationship has been changed. Requirement of prior approval of the court for investigating trafficking cases and exemption of buyer from crime have been repealed.

Equality in Marriage and Family Life
Equality has been guaranteed in the minimum age of marriage for girls and boys. Mothers are also made eligible for registration of the birth of their children. Discriminatory ground for divorce (for example, if the woman is unable to bear children) has been declared ultravires by the Court. Restrictions made in adopting child without consent of husband have been repealed.  Mother’s right to child custody has been recognized even in case of remarriage. Daughters are also included in the definition of family under various legislations.  Discriminatory definition of guardian has been repealed by  new Foreign Employment Act.

Equality in Employment
New Foreign Employment Act has not only eliminated discrimination on foreign employment for women but also guarantees non discrimination on foreign employment for women. New Army Act also eliminates discrimination in recruiting women in the armed forces. Laws that discriminated getting pension for women under the Civil Service Act have been amended with the provision of making them eligible even if they join civil service after the age of 39 years.

Equality in Education
Unmarried daughters were not eligible for scholarship until she reaches 21 years of age, or until she gets married, whichever was earlier. In contrast, boys were eligible until they were 21 or until entered into Service. This showed a social mind set that assumed the ultimate goal for a daughter is marriage and for a son, economic independency. With the Public Interest Litigation Initiated by FWLD, this provision has been declared unconstitutional by the Supreme Court of Nepal.

Equality in Court Proceedings
An arrangement has been made for the identification of official documents by women under various legislations. Women are also recognized as being capable of receiving court notices

Equality in Wordings
The Interim Constitution 2007 has repealed the Constitution of the Kingdom of Nepal and taken away discriminatory language like "brotherhood". Gender Equality Act has also changed words like "runaway/eloping" (poilojane) with the word "remarry". Word like "Chairman" has been substituted with "Chairperson".

For further details, please check out our publication.

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UNSCR 1325

FWLD with the support of UNFPA organized a District level Training of Trainers (ToT) Program "UNSCR 1325 (United Nations Security Council Resolution number 1325)" on Six Districts of Nepal, viz: Dang, Dadeldhura, Saptari, Rauthat, Kapilvastu and Mahottari on the following dates:

Dang - 29 - 30 October 2007
Rauthat - 30 - 31 October 2007
Dadeldhura - 2 - 3 November 2007
Saptari - 2 - 3 November 2007
Kapilvastu - 5 - 6 November 2007
Mahottari - 13 - 14 November 2007   

The key theme of the training was Women, Peace and Security and its objectives were mainly to generate significant Trainers and provide them with the knowledge about UNSCR 1325. After the training, the trainers are expected to further train other community level people from ten different VDCs.

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AN ACT MADE TO CONTROL TRAFFICKING IN PERSON AND TRANSPORTATION

Un-officially Translated by FWLD
July 27, 2007

Preamble : Whereas it is expedient to provide for legal instrument for control of the act of trafficking  in person and transportation and for protection and rehabilitation of the victim of such act,

Now, therefore, the Legislature-Parliament has enacted this Act.

Chapter-one
Preliminary

1. Short Title and Commencement : (1) This Act may be cited as he "Trafficking in person and Transportation (Control) Act, 2064" (2007 A.D.)

(2) This Act shall come into force at once.
(3) This Act shall commence throughout Nepal and also be applicable to any person who, residing outside Nepal, commits the offense under this Act against a Nepali citizen.

1. Definition : Unless the subject or context otherwise requires in this Act,-

1. 'offense' means the act under Section 3.
2. 'center' means the rehabilitation center established pursuant to Section 13.
3. 'victim' means a person sold, transported or caused to be  engaged in prostitution.
4. 'children' means a person who has not completed the age  of eighteen years.
5. 'exploitation' means the act of making (a person) slave,  servitude and the word includes the act of removing, save as per prevailing law, human organ.
6. 'prescribed or as prescribed' means prescribed or as prescribed in the rules made under this Act.

Chapter-Two
Provision Relating to Offense and Investigation

3.             Trafficking in Person and Transportation not to be Done : (1) No one shall traffic in person and transport and cause to be trafficked and transported.
                                (2) A person who commits the act under sub-section (1) shall be deemed to have committed an offense under this Act.

4.             Trafficking in Person and Transportation to be Deemed to have been Committed : (1) Any person who commits the following act shall be deemed to have committed trafficking in person :-

1.  selling or buying  a person with any purpose,
2. causing to be  engaged in prostitution by receiving or not receiving benefit of any kind,
3.  removing, save as per prevailing law, human organs,
4. having sexual intercourse with a prostitute.

(2) Any person who commits the following act shall be deemed to have committed transportation of person:-

1.      taking a person to a foreign country with the purpose of selling or buying,

(b)           taking by separating  from the house, place or person of abode or having control over or keeping with him/her or harboring  or taking from one place to another place within Nepal or to a  foreign country or handing over to somebody a person by enticement, allurement, misrepresentation, fraud, deception, force, coercion, abduction, taking hostage, taking benefit of vulnerability, making  unconscious, abusing post or power or  alluring, causing fear, giving threat or coercing the parent or guardian, with the propose  of causing to be engaged  in prostitution or exploitation.
5.             Filing of Complaint: (1) Any person having the knowledge that an offense under Section 3 has been committed or being committed or is about to be committed may file a complaint in a nearby police office.
                                (2) If  the person filing a complaint pursuant to sub-section (1)  requests in writing to keep his/her name confidential, the police office registering the complaint shall have to keep his/her name confidential.

6.             Statement to be Authenticated: (1) If the victim himself/herself files the complaint under Section 5, the police office shall immediately take his/her statement and present him/her immediately before the nearby district court for authentication of such statement.
                                (2) If the police office brings pursuant to sub-section (1) the statement for authentication, notwithstanding anything contained in prevailing law and notwithstanding that the suit of the offense relating to the statement does not fall under the jurisdiction of such district court, the judge of such district court shall readout such statement to him/her and authenticate the statement, if the statement is written as stated by him/her and if the statement is not written as stated by him/her, by stating to what extent the statement is different.
                                (3) Where  a statement is authenticated pursuant to sub-section (2), the court may admit the statement so authenticated as evidence even if the victim does not appear before it  in connection with the proceedings of the suit.

1. Arrest or Search may be Made : (1) If an information is received that an act to be deemed an offense under this Act has been committed, being committed or about to be committed in a house, land, place or vehicle and there exits a possibility that the offender may flee, escape or any evidence may disappear or be destroyed if an action is not taken immediately, notwithstanding anything contained in prevailing law, a police personnel at least of the level of police sub-inspector may carry out at any time  the following work after raising a Parcha (a deed of justification) :-

1. to enter into, search or take  custody  of such house, land, place or vehicle,
2. if somebody causes an obstruction in carrying out such work, to take necessary action by opening or breaking window, door according to necessity,
3. to arrest the person committing such act without arrest warrant or to search him/her,
4. to seize or take  custody of all physical evidence discovered in such house, land, place or vehicle.

(2) The police personnel carrying out the work under sub-section (1) shall carryout  the work in the presence of, if possible, also of the representative of the local body and, if not possible, of the persons  present at that time and shall prepare a public deed thereof and provide  one copy thereof to the concerned house, land or vehicle owner.

8.             Proceedings to be Carried by Detaining  Accused: Notwithstanding anything contained in prevailing law, the proceedings of the suit relating to the offense under section 4, except the ones relating to the  offense referred to in clause (d) of  sub-section (1) of the said Section ,shall be carried  out by detaining the accused.

9.             Burden of Proof : Notwithstanding anything contained in the prevailing law, where a person is accused of having committed an offense under this Act, the burden of proving that s/he has not committed the offense shall lie with him/herself.

1. Separate Legal  Practitioner may be Appointed : If the victim desires to have his/her representation through separate legal practitioner in the hearing  to be made in a court of law of a suit relating to the offense under this Act, s/he may appoint such legal practitioner.

11.          Interpreter or translator may be Appointed : If the victim does not understand the language used in the work or   proceedings of the suit relating to the offense under this Act, s/he may appoint an interpreter or translator by permission of the concerned court or office.

Chapter-3
Provision Relating to Rescue, Rehabilitation and Reunion

12.          Work Concerning Rescue : Government of Nepal shall make arrangements for rescue of a Nepali citizen sold in a foreign country.

13.          Rehabilitation Center : (1) In order to provide  physical or mental treatment to and  socially rehabilitate  the victim and  to reunite  him/her   with family, Government of Nepal shall establish rehabilitate centers according to necessity.
                                (2) An association may , by obtaining approval as prescribed, establish and operate rehabilitation center  for the purpose of sub-section (1) and Government  of Nepal shall carryout a regular and effective monitoring of such association and the rehabilitation center established by it.
                                (3) The Government of Nepal may provide as prescribed financial and other assistance to the center operated  pursuant to sub-section (2).
                                (4) The center shall have to make arrangements for social rehabilitation and family reunion of the person living in the center.
                                (5) The center shall  have  to make arrangements for medical treatment and advisory service and facility  to the victim according to necessity.
                                (6) No one shall employee a victim living in the center into a work against his/her will.
                                (7) Provisions relating to the management, operational standard, monitoring of the center, skillful training and employment to, rehabilitation, family reunion of the victim shall be as prescribed.

14.          Rehabilitation Fund: (1)  The Government of Nepal shall establish a rehabilitation fund for operation of the rehabilitation center established pursuant to sub-section (1).
                                (2) The following money shall be credited to the fund established pursuant to sub-section (1) :-

1. money received from Nepal Government,
2. money received from a local or foreign organization, association or person,
3. one half amount of the money to be received from the fine imposed pursuant to Section 15.

(3) The management and operation of the rehabilitation fund shall be as prescribed.

Chapter-4.
Provision  Relating to Punishment and Compensation

15.          Punishment: A person who commits an offense under section  3 shall be punished with as hereunder:

1.  a person who sells or buys a person, with  imprisonment  of twenty years  and   fine of two hundred thousand rupees,
2.  a person who causes (somebody )  to be engaged in prostitution with or without receiving  benefit of any kind ,  with  imprisonment from ten years to fifteen years  and  fine  from fifty thousand to one hundred thousand, according to the degree of offense,
3.  a person who removes, save as per the prevailing law, a human  organ, with  imprisonment of ten years and fine from two hundred thousand to five hundred thousand rupees,
4. a person who commits sexual intercourse with a prostitute, with   imprisonment from one month to three months and fine from two thousand to five thousand rupees,
5.  a person who,  with the purpose of selling,  or buying  or causing to be engaged  in prostitution,

(1)           takes a person to  a foreign country, with  imprisonment from ten years to fifteen years and  fine from fifty thousand to one hundred thousand and if children is taken,  with  imprisonment from fifteen years to twenty years and  fine from one hundred thousand to two hundred thousand,
(2)           takes a person from one place to another place of Nepal, with   imprisonment of ten years and  fine from fifty thousand to one hundred thousand rupees and if children has been taken, with   imprisonment from ten years to twelve years and fine of one hundred thousand rupees,

(f)            a person who, with the  purpose  of exploitation, takes a person from one place to another place of Nepal pursuant to clause (b) of sub-section (2) of Section 4, with   imprisonment from one year to two years and if taken to a foreign country, with   imprisonment from two years to five years.
(g)           save as  provided for  in clause (e) and (f), a person who commits an offense under clause (b) of sub-section (2) of Section 4, with   imprisonment from seven years to ten years.
(h)           a person who abets,  conspires or attempts  or   who  is an accomplice of  the offense of trafficking in person or transportation, with one half punishment of the punishment  provided  for the said offense.
(2)           Notwithstanding anything contained in sub-section(1), the following provision shall apply to the following matter :
(a)           if the person who sells or buys  and who causes to be  engaged a  person in prostitution with or without receiving benefit of any kind  is one and same person,   s/he shall be    punished separately for sale or  procuaration  and for causing to be engaged  in prostitution with or without  receiving benefit of any kind,
(b)           if the person who buys   or sells or causes to be engaged   a person in prostitution with or without receiving benefit of any kind  and who commits the offense under clause (b) of sub-section (2) of Section 4 is one and same person  h/se  shall be punished  separately for sale or procuration and for commission of such offense,
(c)           notwithstanding anything contained in clause (b), if the person who takes a person by separating him/her pursuant to clause (b) of sub-section (2) of section 4 and who , with the  purpose  of buying  and selling  or causing to be engaged in prostitution with or without receiving benefit of any kind  , takes a person to a foreign country  or from one place to another place of Nepal is one and some person, s/he shall be   punished separately for taking a person  by  so separating and for taking to a foreign country or one place from one place of Nepal.
                                (3) If the offense under Section 3 is committed by  a person holding a public post s/he shall be punished with,  in addition to the punishment provided  for commission of such offense, twenty five percent  additional punishment of such punishment.
                                (4) A person who commits an offense under Section 3  against  a person who is under his/her protection or guardianship or the person in the relationship punishable as per the chapter on Incest of the Muluki Ain (Code of the Realm) shall be punished with, in addition to  the punishment provided for the offense, ten percent additional punishment of such punishment.
                                (5) A person who repeats the offense under Section 3 shall be punished, for the offense committed every time, in addition to  the punishment provided for such offense, with one fourth  additional punishment of such punishment
                                (6) If the person who has field a complaint pursuant to Section 5 gives, in the course of the trial of the suit, a statement in contravention of the statement he has once given or does not appear in the time called for  by the court or does not assist the court, s/he shall be punished with imprisonment from three months to one year.

16.          Not to be Punished : If a person having failed to receive any assistance called for escaping or fleeing from a place after  knowing or having reasonable ground to believe that s/he is about to be bought , sold or  engaged  in prostitution or has been taken   for that purpose or is sold or bought  or caused to be engaged in prostitution, and having  been obstructed, prevented or captured or forced by somebody in an attempt made by him/her  to flee or escape,  commits an act believing that s/he cannot flee, escape from such obstruction, force or capture without use of force and  the person who so obstructs captures or forces, dies or receives injury due to  such act , s/he shall not punished, notwithstanding anything contained in prevailing law.

17.          Compensation : (1) The court shall have to make available, from the offender, to the victim a reasonable compensation not less than an amount equal to fifty percent  of the fine imposed on  him/her.
                                (2) If the victim dies before receiving the compensation amount under sub-section (1), such amount shall be given as prescribed to  his/her minor son and daughter and in absence of such son and daughter to  his/her father and mother dependent on him/her.
                                (3)  If the  victim does not have  minor  son and daughter and dependent father and mother  entitled to the compensation amount under sub-section (1) ,such amount shall be required to be collected into the rehabilitation fund under Section 14.

Chapter-5
Miscellaneous

18.          Property to be Confiscated : (1) All movable and immovable property acquired by a person by commission  of an offense under this Act shall be confiscated.
                                (2) If it is proved that a person has knowingly used  or allowed to be used his/her  house, land or vehicle for committing and causing to be committed an act deemed to be an offense under this Act, such house, land or vehicle shall be confiscated.

19.          Reward: (1) If, on the basis of an information given by a person of the matter that an act to be deemed an offense under this Act has been committed or going to be committed, a person is rescued or a person involved in such act is arrested, such informant shall be given as reward  an amount equal to ten percent of the fine imposed pursuant to Section 15 from the rehabilitation fund under section 14.
                                (2) If there are more than one informants under sub-section (1), such amount shall be given to them on pro-rata basis.

20.          Details of Informant to be Kept Secret : The, name, address of the informants under sub-section (1) of Section 19 and the details of the information received from him/her shall be kept confidential.

21.          Waiver to the Claim of Punishment: Where an accused charged of having committed an offense under this Act has, after admitting the offense s/he has committed, rendered assistance to the police, government attorney or court to collect evidence in respect of that offense, to arrest other accused or gang or  accomplices thereof and if s/he has committed the offense for the first time, the court may, in awarding punishment in such offense, waive the punishment not exceeding twenty five percent of the punishment to be awarded to him.
                                Provided that if the assistance rendered by him/her is not proved from other evidence or if s/he gives  a statement in the court  contrary to the assistance rendered to the police or government attorneys, a suit may be re -instituted against him notwithstanding anything contained in this Act or prevailing law.
                                (2) Notwithstanding anything contained in sub-section (1), waiver to the claim of the punishment can not be made in the following conditions :-
(a)           to  waive the claim of the punishment for main accused,
(b)           where children has been trafficked or transported,
(c)           one who has once obtained the facility of the waiver  of  the punishment.
22.          Claim may be Made : While instituting a suit relating to   the offense under this Act, the concerned government attorney  may make  a claim that the accused has committed an offense of moral turpitude.
23.          Committee may be Formed : (1)  The Government of Nepal may form as prescribed one national committee and district committees according to necessity in  order  also to coordinate  government agencies and non-government organizations in the act of controlling  the offense under this Act and rehabilitating   the victim .
                                (2) The functions, duties and powers of the committee under sub-section (1) shall be as prescribed.

24.          Punishment for Causing Obstruction : A person who causes  an obstruction in the work and proceedings relating to the investigation of the offense under this Act shall be punished with fine up to rupees ten thousands.

25.          Not to be Publicized : (1) Without obtaining approval of the victim, no one shall print in  a newspaper or publicizes in other mass media his/her real  name, picture or any  statement adverse to his/her characteristics.
                                (2) A person who prints or publicize name, picture or statement pursuant to sub-section (1) shall be fined from ten thousand to twenty five thousand rupees.

26.          Security Arrangement : If a person who has filed complained pursuant to Section 5 requests  the nearby police for security stating reasonable cause of likely to be retaliated   for reason of having filed complaint before the police or  having given statement or statement of interrogation  in an office or court, such police office shall make any or all  of the following arrangements to him/her:
(a)           providing security to and from the office or court in connection with the proceedings of the suit,
(b)           to keep or cause to be kept under police protection for a certain period,
(c)           placing him/her in the center.

27.          Proceedings to be carried out in Camera Court : (1) The proceedings and hearing of the suit relating to the offense under this Act shall be carried out in  a camera court.
                                (2) Only the prosecutor, defendant, legal practitioners on their behalf and the persons allowed by the court can enter such bench  when the proceedings is carried out and hearing is made pursuant to sub-section (1).

28.          Government to be Plaintiff: In the suit under this Act, Government shall be plaintiff and the suit shall be deemed to have been included into Schedule-1 of the  State  Cases Act, 2049 (1993 ).

29.          Power to Make Rule : Government of Nepal may make rule required to implement the objective of this Act.

30.          Repeal and Saving: (1) The trafficking-in-person (Control) Act, 2063 is hereby repealed.
                                (2)  All the act and action carried out under the Act under Sub-section (1) shall be deemed to have been carried out under this Act.

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