NATIONAL 4 - (Spotlight Weekly)

Controversial Revelation

A study on impact of corruption in criminal justice system condemns the system for its failures

By KESHAB POUDEL

Nepal's criminal justice system denies the right to women as it fails to protect them from domestic violence, trafficking or prostitution. This is what a study of Center for Legal Research and Resource Development (CeLRRd) reveals in its report.

Coordinated by lawyer Yubaraj Shangroula, the report uses derogatory terms to portray all institutions of criminal justice including judges, government attorney and police.

As a newly emerged democratic country, Nepal is in the process of developing institutions for criminal justice system. It is not always biased against women. "The report is exaggerated," said a participant at the program to discuss the report.

Deliberation on the report : Exaggeration of facts ?

In trials of cases concerning sexual abuse, rape and women trafficking, a woman faces harassment in the court but it is not always true. But the study shows a totally negative picture. "This study reveals that open and public hearings of cases relating to sexual matters is serious impediment for women seeking justice," said Coordinator of CeLRRd. "The unregulated and ethically unguided paradigm of cross-examination and frequent incidents of sexual harassment during the judicial proceedings prevent many victims from the judicial process."

In a program organized to debate the issues raised by the study, lawyers, police officials and officials from judiciary expressed their views.

The account of victims showed that large number of culprits were released on bail thanks to wrong proceedings of the court. Even the culprits of rape cases and traffickers did not seem to have been given adequate punishments as they bribed the concerned parties.

In Nepal, the victims of crimes like rape and trafficking, due to greater number of failure in conviction rate caused by inefficient investigation, are losing faith in the criminal justice system.

Are women in Nepal second class citizens. A harsh statement? But, a keen observation of Nepalese society and available facts are more than enough to prove this statement. This should not come as a surprise.

Prepared after intensive field works in different parts of the country, one of the important aspects of the study is that it provides insight into the criminal justice system of Nepal and the circumstances faced by women concerning fair justice.

On the issues related to the prosecution on the cases of women trafficking, large number of culprits go scot free due to negligence on the part of police and government prosecutors. The judges, too, sometimes show insensitivity towards the cause of victims.

According to the report, 51 case studies in three districts of Nepal including Sindhupalchowk, Kathmandu and Nuwakot revealed that only 26 percent of the accused were prosecuted.

Based on the cases of three districts Kathmandu, Nuwakot and Sindhupalchowk, the study analyses legal framework concerning gender quality and prevention of violence against women, law of women trafficking, basics of criminal justice system in Nepal, behavior of judges during the trial and overall situation of corruption and its impacts.

The study, among others, questions the credibility of the prosecution system and investigation system as well as sensitivity of the people to the incidents of trafficking and rape.

One of the weak points of the study is that most of its revelations are based on the abstract observation rather than a through study.

The study report highlights insensitivity of the police, government attorney and judges towards women during criminal proceedings.