Incident Reports

Threat bars victim of rape from court visit (Updated)

2016-01-21

Lumbini, Bardiya, Gulariya

Update from follow-up conducted by NepalMonitor.org: ---------- According to two local WHRDs who are working closely into the case the victim is facing two critical issues:

1. Financial burden: The case is registered in an Indian court and the victim is required to travel to Bahraich District, India to attend the court hearing and has to hire an Indian lawyer. Due to the weak financial condition of the victim, she is facing challenges to cover lawyers' bills and transportation costs.

2. Security and Protection issue: it was reported that the perpetrator is from affluent families of the district and the victim is receiving threat from them as well as their family members. The security threat is heightened due to the fact that the victim has to use public transportation to travel between Nepal and India to attend the court hearing.

Details: -------- The District office of Women and Children Department- Bardiya formed a committee (comprising of one officer level representative from their office, some local HRDs, journalists) during Asoj-Kartik 2072 (October-November 2015) to investigate the status of the case and once visited officials of Bahraich District, India during the same period. With the initiation of CDO of Bardiya district small fund (around 6,000 Nrs) was raised to pay the victim's lawyer and for transportation. Some of the local organizations like KamaiyaJagarna and Dalit MahilaUthanSamaj has committed additional fund for the victim(around 8,000 NRS),but the fund remains yet to be raised.

According to the HRDs, no other organization, in particular, are working on this case. The victim is facing a security threat from the perpetrators and their family members (locale community as well). During the initial phase of the case, the perpetrator and their family members tried to pursue the victim to have the case settled out of court. However, when the victim rejected any such proposal, they started threatening her with death. To attend the court hearing, the victim has to travel to Bahraich District in India and she fears for her safety there. Due to weak financial condition, the victim was unable to pay for the lawyer’s fee sometimes and was unable to travel to the court herself at other times. As a result, there were already 2-3 court hearings missed.

---------- A gang-rape victim from the Bardiya district has been threatened by the families of the men who had raped her in Katarniyaghat, India. The 18-year-old complained she could not even attend the court hearing in Bahraich district of India because of the threat. The woman was raped by five men on November 2014. The accused-- Shyam Dev Chaudhary, Kishun Chaudhary, Shyampal Chaudhary, and Raju Chaudhary-- are currently in police custody. They are being tried for rape at the Bahraich District Court. Another accused, Rajan Chaudhary, a minor, is facing trial at a juvenile court in Gonda. The victim, a former Kamlari (indentured laborer), said the relatives of the men who raped have threatened to kill her if she comes before them. “I have no idea what has become of the case,” she said, adding that she has already missed two court hearings. Rupani Chaudhary, a social worker, said the woman and her family have been facing regular death threats from the defendants’ families. “It started one year ago and they have not stopped. She and her family are too scared to go to the court in India. And there is also a problem of money. They do not have the financial wherewithal to fight the case,” said Rupani. The victim’s brother said the father of one of the perpetrators has been offering them money on the condition that they withdraw the case. The local villagers have requested the government to create a favorable environment for the victim and her family to fight the case.

Details and Impacts
Violent / Non-violent Violent
Onesided / Twosided Onesided
Collective / Interpersonal Interpersonal
Primary Form Sexual Assault
Secondary Form Threat/intimidation
Weapons None
Primary Cause Rape/sexual assault
Actor 1 - Number of people 5
Actor 1 - Affiliations Citizen/Individuals
Actor 1 - Youth na
Actor 2 - Number of people 1
Actor 2 - Affiliation (Target) Citizen/Individuals
Actor 2 - Youth youth
Total Raped 1
Female Raped 1
Youth Raped 1
National/Online Media

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