Incident Reports

Amend 35-day statute of limitations for rape cases: SC

2015-04-18

Bagmati, Kathmandu, Kathmandu, Ward 10

 The Supreme Court on Thursday directed the government to follow its previous order to amend the Civil Code provision that set a 35-day statute of limitations for rape cases. A special bench of Justices Kalyan Shrestha, Om Prakash Mishra, and Devendra Gopal Shrestha issued the order stating that the 35-day statute of limitations for rape cases prevented the victims from filing case against the perpetrators. Issuing its verdict in response to a writ petition filed by advocate Meera Dhungel on behalf of the Forum for Women, Law, and Development (FWLD), the apex court has reminded the government to either amend or remove the statute of limitations for rape cases. Earlier, the apex court had issued an order directing the government to either amend or remove the statute of limitations in rape cases. The court had issued such an order in a case filed by 234 conflict victims demanding an amendment to the Truth and Reconciliation Commission Act. The victims had raised the issue of the statute of limitations in rape cases arguing that it denied justice to rape victims of the armed conflict. "The special bench issued a directive as the court had already addressed the issue in an earlier case (Suman Adhikari versus the Office of Prime Minister) and had ordered to either amend or remove the provision," informed Supreme Court Deputy Spokesperson Baburam Dahal. FWLD had filed the writ petition on July 15, 2014, arguing that the provision of the statute of limitations has helped the perpetrators to go scot-free. The petitioner had also argued that the statute of limitations barred rape victims of armed conflict from filing cases against the perpetrators.

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