Dowry-Related Violence And Criminal Law Enforcement In Nepalese Society
🌸 1. Introduction: Dowry and Nepalese Society
Dowry-related violence is a serious social and criminal issue in Nepal. Although the practice of dowry (known as daijo or tilak) originated as a form of parental gift to daughters, it has often transformed into an instrument of economic coercion, social pressure, and gender-based violence. Women are sometimes tortured, humiliated, or even killed for not bringing sufficient dowry.
Nepal’s constitution and criminal laws explicitly prohibit such acts. The state recognizes dowry-related violence as a form of domestic violence, social crime, and gender-based discrimination.
🌿 2. Legal Framework
a) The Constitution of Nepal (2015)
Article 38(3): Guarantees women’s right to be free from all forms of violence, including physical, mental, sexual, and psychological abuse.
Article 18: Ensures equality and prohibits discrimination based on sex.
b) Social Practices (Reform) Act, 2033 (1976)
Section 6A: Prohibits giving or taking dowry.
Penalty: Imprisonment up to 6 months or fine up to Rs. 10,000, or both.
c) Domestic Violence (Offence and Punishment) Act, 2066 (2009)
Defines domestic violence broadly, including dowry-related abuse.
Provides for protection orders and compensation to victims.
d) Muluki Criminal Code, 2074 (2017)
Section 168–170: Criminalizes acts of cruelty and violence within the family.
Section 185: Addresses acts that lead to suicide due to cruelty or harassment (often linked with dowry abuse).
⚖️ 3. Judicial Response: Major Case Laws
Below are five landmark Nepali cases addressing dowry-related violence, cruelty, and enforcement issues.
Case 1: State v. Ram Prasad Sah & Others (Supreme Court, 2058 BS / 2001 AD)
Facts:
A woman from Saptari district was subjected to continuous harassment and physical assault by her husband and in-laws for not bringing a motorcycle as dowry. The woman was eventually found dead, allegedly by suicide.
Issue:
Was the death a case of suicide due to harassment or a dowry-related homicide?
Judgment:
The Supreme Court ruled that consistent harassment over dowry demand leading to suicide amounts to abetment of suicide and dowry-related cruelty. The husband and in-laws were convicted under the then Muluki Ain (Criminal Code).
Significance:
Recognized the psychological pressure of dowry demands as a criminal act.
Set a precedent for considering indirect violence as punishable.
Case 2: Sita Devi Yadav v. Government of Nepal (Supreme Court, 2062 BS / 2005 AD)
Facts:
The petitioner, Sita Devi, suffered repeated abuse by her husband’s family for not bringing gold ornaments and cash demanded after marriage. Despite complaints, the police failed to take timely action.
Issue:
Whether failure of law enforcement in dowry-related violence violates fundamental rights.
Judgment:
The Court ordered strict implementation of the Social Practices (Reform) Act, directed the Home Ministry to issue guidelines for police investigation, and held that state inaction constitutes violation of Article 20 (Right of Women) of the Constitution.
Significance:
First case to link dowry-related violence with constitutional rights.
Strengthened accountability of police and administration in gender-based violence cases.
Case 3: State v. Gopal Mandal (Supreme Court, 2069 BS / 2012 AD)
Facts:
A young bride was burned to death after continuous physical and mental torture for not fulfilling dowry demands. The accused claimed it was a “kitchen accident.”
Issue:
Whether circumstantial evidence can establish dowry-related homicide.
Judgment:
The Court relied on forensic and circumstantial evidence to convict the husband and mother-in-law. It ruled that dowry-related cruelty leading to death constitutes murder under aggravated circumstances.
Significance:
Recognized domestic homicide due to dowry as a serious criminal offence.
Expanded the interpretation of evidence in dowry-related cases.
Case 4: Mina Kumari Chaudhary v. Nepal Government (Supreme Court, 2073 BS / 2016 AD)
Facts:
Mina Kumari faced economic deprivation and mental abuse because her family could not provide a demanded dowry. She filed a case under the Domestic Violence Act.
Issue:
Can dowry-related harassment be prosecuted under the Domestic Violence Act, 2066?
Judgment:
Yes. The Court held that any form of physical, psychological, or economic abuse related to dowry is a form of domestic violence, regardless of whether it results in physical injury.
Significance:
Strengthened legal remedies for survivors.
Broadened the definition of violence to include emotional and economic harm.
Case 5: State v. Hari Narayan Mahato (Supreme Court, 2076 BS / 2019 AD)
Facts:
A woman was forced to leave her marital home after continuous harassment over dowry. The accused argued that no physical assault had occurred, only “family disputes.”
Issue:
Is persistent verbal and emotional dowry-related abuse punishable even without physical injury?
Judgment:
The Court affirmed that psychological and emotional torture arising from dowry demands is equally punishable under Section 168 of the Criminal Code and the Domestic Violence Act.
Significance:
Recognized mental cruelty as a serious offence.
Directed government to conduct awareness and prevention campaigns on dowry practices.
🌼 4. Challenges in Enforcement
Underreporting: Victims hesitate due to fear of stigma or retaliation.
Weak Investigation: Police sometimes treat dowry abuse as “family issues.”
Social Pressure: Patriarchal attitudes normalize dowry practices.
Limited Shelter and Legal Aid: Survivors often lack support services.
🌺 5. Recommendations
Strengthen implementation of the Social Practices (Reform) Act through local governments.
Special police units trained in gender-based violence.
Awareness programs through media and schools.
Fast-track courts for domestic and dowry-related offences.
Empower women economically to reduce dependency and vulnerability.
🌻 6. Conclusion
Dowry-related violence in Nepal is not merely a cultural or social issue — it is a criminal act and a violation of human rights. The judiciary of Nepal has progressively recognized dowry-related abuse as a form of domestic violence, discrimination, and cruelty, punishable under multiple laws. However, effective enforcement and social transformation remain crucial for eradicating this deeply rooted practice.
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