8 Area: 20,300 sq.km. 8 Population: 55,29,452 8 Literacy Rate: 68.46 8 District: 13 8 Electoral Constituency (Parliamentary): 33 8 Electoral Constituency (Provincial): 66 8 Metropolitan City: 3 8 Sub-Metropolitan City: 1 8 Municipality: 41 8 Rural Municipality: 74 8 Total Ward No.: 1,121

Nepal Human Rights Year Book 2020 163 agmati Province has priori- providing safe drinking water. There is Btized several developmental plan to provide money to concerned Board programs in its Plans and Programs; in respective places and let them work ac- hay thatched free roof in Metropolitan, cordingly. encouragement for electric vehicles, one school one nurse, Chief Minister public Human Rights Situation in 2019 health checkup, legal mediator in local In this province, 1494 people were levels, common settlement development victims in human rights violation and to name few. It has also adopted the pol- abuses. During this period 747 victims of icy to provide access of agricultural prod- women rights violation, seven of torture, ucts from field to market. Government five victims of threatening, 375 victims of has planned to focus on construction of child rights violation, 21 victims of caste- agricultural roads. It has also planned to based-discrimination, 168 victims of ar- phase out vehicles running on petroleum rest, 12 of right to assembly, 29 injured, fuels from all main cities. Collaborating six of inhumane behaviour, seven of abdu- with Metropolitan, Sub-Metropolitan and tion, 43 of threat and beating were docu- Municipalities, it has planned to work on mented by INSEC.

No. of Victims by Incident (In 2019)

By State By Others

164 Human Rights Situation of in 2019 3.1 Dolakha

Total Population 1,80,032

Women 82,302

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

ees- total of 103 inmates. There is one se- Below Poverty Level 48,064 nior citizen. Due to lack of space, there is crowding in the Jail. Two inmates die due to suicide in 2019. No. of Migrant Workers 10,121

RIGHT TO PROMPT AND FAIR TRIAL The District Court has the post- Population by Disability 5,587 ing of two Judges. In 2019, 115 out of 207 criminal cases were adjudged and 231 out of 425 civil cases were adjudged. There Literacy above 5 yrs (%) 95.41 are criminal and civil cases exceeding two years in the court.

Dependent Population 86,772 CHILD RIGHTS Educational Status here were 22 victims of Human In 2019, a total of 4,778 girls and TRights violations and abuses 4,705 boys were admitted in schools. were documented in 2019. There were There is free education as provisioned four victims of Women Rights violation- by Nepal Government in Dolakha. There three victims of rape including a senior are 231 children from martyrs, conflict af- citizen and one with disability and one fected, marginalized families studying in victim witchcraft allegation. Similarly, Martyrs Memorial Residential School. All there were 14 victims of child rights viola- the amenities to these children are pro- tion- nine rapes and five sexual abuse. vided from Government. INSEC documented 14 victims JAIL AND DETAINEES of Child Rights violation in 2019. There Uncategorized District Jail is a were nine victims of rape including a six women lock up with the capacity of 17. years old child. Eight convicts of rape Male lockup is under construction. It has were in jurisdiction custody till the end accommodated 78 convicts and 25 detain- of the year. There were four victims of

Nepal Human Rights Year Book 2020 165 By State By Others and Senior Citizens Service Center; 15 victims of beating and home extrude, nine Type of Events victims of deprivation of food and clothes, five victims of deprivation of citizenship

Male Total Female Male Total and marriage registration, five victims of Death in Jail 2 2 polygamy and 58 victims of general do- Inhuman Behaviour 1 1 mestic disputes. There was mediation in Killing 1 1 52 cases and 45 cases were on process of Rape 9 9 punishment. Child Sexual Abuse 5 5 In 2019, INSEC documented four Rights women victims on women rights violation. Total 14 14 One senior citizen was raped for which For Practicing 1 1 Witchcraft the convict was arrested and sent in juris- Women diction custody the case of which was not Rights Rape 3 3 adjudged till the end of the year. Convict Total 4 4 of rape attempt was given exoneration by Grand Total 2 2 19 1 20 District court. Two convicts of rape were sexual abuse and one accused. Two of the in jurisdiction custody and one child con- convicts were in jurisdiction custody, one vict was sent to Juvenile Care Home. was adjudged imprisonment, penalty and compensation. Seven were freed on penal- WITCHCRAFT ALLEGATION ty, one was given exoneration by District Five culprits were arrested by po- Court and two were on run till the end of lice for treating inhumanly and accus- the year. ing so called witch to others. One of the convicts was sent in jurisdiction custody ALL KINDS OF DISCRIMINATION whose case was not adjudged till the end AGAINST WOMEN of the year. Other three were freed on This year 32 victims of domestic vi- penalty and one was released on general olence were appeared in Women, children bail by the order of District Court.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Legal Proceeding Total Rape 1 8 9 Sexual Abuse 1 4 5 Total 2 12 14 WOMEN RIGHTS Type of Events Legal Proceeding Total For Practicing Witchcraft 1 1 Rape 3 3 Total 4 4 Number of Incident Type of Events Legal Proceeding Total Killing 1 1

166 Human Rights Situation of Bagmati Province in 2019 3.2 Sindhupalchowk

Total Population 2,80,960

Women 1,47,723

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

Below Poverty Level 72,613 ARREST INSEC documented 26 arrests of cadres of the banned Communist Party of No. of Migrant Workers 19,712 Nepal in the year 2019. Police arrested cadres of banned Communist Party of Nepal, Indra Baha- Population by Disability 6,608 dur Thakuri (38), Resham Paudel (23) and Ajay Shrestha (24) on 2 March 2019 from Karkitar of Saga Chowk Gadi Mu- Literacy above 5 yrs (%) 98.85 nicipality -10. They were released on 27 March on penalty by the order of Court. They were however arrested again on Dependent Population 1,22,789 same day and were sent to Kavre. They were all in police custody till the end of the year. n the year 2019, 105 victims of IHuman Rights violations and INJURY IN CLASH abuses were documented by INSEC. Santosh Chaudhary (32), supervi- There are 31 victims of Child Rights viola- sor of Drinking Water Project tion which includes 17 rapes, eight sexual and Bal Mukunda Adhikari (30) were abuses, one child marriage, four children injured by the bullets of Police during trafficking, and one corporal punishment. a protest rally regarding deprivation of There are 25 victims of Women Rights payment to workers of Amba Thanama violation which includes six rapes, four Drinking Water project of Helambu Rural attempt to rape, 10 polygamy, one woman Municipality-1 on 5 September 2019. The trafficking, one domestic violence and one workers were on protest from 4 Septem- sexual abuse. ber and was stopped after workers strug- gling committee and management of proj- ect reached an agreement to address their demands.

Nepal Human Rights Year Book 2020 167 September 2019. Tamang was in custody By State By Others for murder case. Mahendra Darnal, In- Type of Events spector of the police station was warned of Departmental punishment. Female Male Total Female Male Total Abduction 1 1 JAIL AND DETAINEES Arrest 4 22 26 Category ‘D’ district jail has accom- Beatings 1 1 modated 84 convicts and 36 detainees. Injured 2 2 There are no female inmates, dependent Killing 4 4 8 child and senior citizen. Inmates are tak- en to Hospital for treatment. Racial Discrimination 1 3 4 There is good provision of water and toilet Torture 6 1 7 in the Jail. Child Marriage 1 1 Child RIGHT TO PROMPT AND FAIR TRIAL 4 4 Trafficking The District Court has the post- Corporal Child 1 1 ing of one Judge. In 2019, 49 out of 167 Rights Punishment criminal cases were adjudged and 111 out Rape 17 17 of 267 civil cases were adjudged. There Sexual Abuse 8 8 are criminal and civil cases exceeding two Total 31 31 years in the court. Domestic 1 1 Violence CHILD RIGHTS For Practicing 2 2 Educational Status Witchcraft In 2019, a total of 46,531 girls and Polygamy 10 10 42,608 boys were admitted in schools. Women Rape 6 6 There are 344 elementary and 51 second- Rights Rape Attempt 4 4 ary schools. Scholarships of Rs 356,000 Sexual Abuse 1 1 were distributed to 32 children of conflict Women victim families. Free education up to class 1 1 Trafficking 8 was realized. However, free education Total 25 25 up to class 12 was still not effective. Grand Total 10 25 35 62 8 70 INSEC documented 31 victims of child rights violation in 2019. There were TORTURE 17 victims of rape and 23 convicts. Ten Police arrested Manisha Shrestha convicts were sent in jurisdiction custody (17), Sushmita K.C. (16), Kalpana Rumba and four were freed on penalty. Two were (32) and Ramita Adhikari (18) from Saga given jail to be served after they reach age Chowk Gadi Muncipality-10 on 2 March and one was sent to Juvenile Care Home 2019. Police tortured them in the cell. in . Five convicts were on run They stated of being beaten by police. By till the end of the year and one was in po- the order of District Court, injured re- lice custody for investigation. Similarly, ceived their treatment in Chautara Hos- there were eight victims of sexual abuse pital. All of them were released after the documented by INSEC. Four convicts of order of District Court. sexual abuse were sent in jurisdiction Victim Asmita Tamang (28) of custody and three were freed on penalty. Melamchi Municipality-4 complained One child was sent to Juvenile Rehabili- about torture by police while in custody tation Center. when INSEC representative visited on 3

168 Human Rights Situation of Bagmati Province in 2019 Rape and Sexual Abuse INSEC documented 25 victims of Police arrested a 12-year-old boy violence in 2019; six victims of rape, four for rape of a five-year-old girl on 31 July victims of rape attempt and 10 victims of 2019. He was handed over to family for polygamy. Five convicts of rape were in being under aged and was adjudged with jurisdiction custody and one was freed six months of imprisonment and penalty on penalty. Two convicts were given ex- of Rs 25,000. oneration. Similarly, one convict of rape attempt was sent in jurisdiction custody ALL KINDS OF DISCRIMINATION and three were released on penalty. AGAINST WOMEN This year 104 cases of domestic ECONOMIC, SOCIAL AND violence were registered in Women, chil- CULTURAL RIGHTS dren and Senior Citizens Service Center; Damage of Property 30 cases of ignorance, 42 cases of fights There was cases of arson in Ncell and 32 cases of misbehave. Police medi- tower and ward office. Banned Commu- ated 84 cases and 20 cases were on legal nist Party of Nepal took the responsibil- processing. ity of arson in Ncell tower and culprits of arson in ward office were unidentified till the end of the year.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal Type of Events Closed Case Compromise Incomplete Total Proceeding Child Marriage 1 1 Child Trafficking 2 2 Corporal Punishment 1 1 Rape 2 4 11 17 Sexual Abuse 1 7 8 Total 4 1 4 20 29 WOMEN RIGHTS Closed Legal Type of Events Compromise Incomplete Total Case Proceeding Domestic Violence 1 1 For Practicing Witchcraft 1 1 2 Polygamy 1 2 7 10 Rape 6 6 Rape Attempt 1 3 4 Sexual Abuse 1 1 Women Trafficking 1 1 Total 1 1 4 19 25 Number of Incidents Type of Events Closed Case Investigation Legal Proceeding Total Killing 1 1 6 8

Nepal Human Rights Year Book 2020 169 3.3 Rasuwa

Total Population 42,773

Women 22,007

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

ARREST Below Poverty Level 13,324 In the year 2019, police arrested two cadres of the banned Communist Party of Nepal as per INSEC. Both the No. of Migrant Workers 3,108 accused were in judicial custody. Basu Dev Pathak (32) of Shivauri Rural Municipality-8, Nuwakot was ar- Population by Disability 1,016 rested on 3 June 2019 from Naukunda for threatening elected local representatives. He was in judicial custody. The case was Literacy above 5 yrs (%) 59.9 not adjudged till the end of the year.

BEATING Dependent Population 18,758 Ashish Tamang (19) was beaten by two Police personnel Dilli Bahadur Shrestha and Ram Bahadur Syangten on n the year 2019, 25 victims of 3 September 2019. The victim stated he IHuman Rights violations and was beaten while he was resting in his abuses were documented by INSEC. container. An investigation committee There are five victims of Child Rights vio- was formed to study the case coordinated lation which includes two rape and three by District Attorney Baburam Bhattarai. sexual abuses. There are nine victims of The convicts were hands remission and Women Rights violation which includes given departmental punishment. four attempts to rape, three polygamy and two sexual abuse. INSEC also docu- JAIL AND DETAINEES mented a case that involved beating of Category ‘E’ District Jail has the Ashish Tamang (19) on 3 September 2019 capacity of 25 prisoners. It has accom- by Assistant Sub Inspector Dilli Bahadur modated 110 inmates; 98 convicts, and Shrestha (41) and constable Ram Baha- 12 detainees. There are six women and dur Syangtan (37). one senior citizen. Out of three buildings, two buildings housing males are in fragile

170 Human Rights Situation of Bagmati Province in 2019 state. Inmates are bound to live without By State By Others comfort due to crowding. Type of Events RIGHT TO PROMPT AND FAIR TRIAL

The District Court has the posting Male Total Female Male Total Abduction 2 2 of one Judge. In 2019, 13 out of 29 crimi- Arrest 2 2 nal cases were adjudged and 12 out of 33 Beatings 1 1 1 2 3 civil cases have been adjudged. There are no criminal and civil cases exceeding two Threats 3 3 Rape 2 2 years in the court. Child Sexual Abuse 3 3 Rights CHILD RIGHTS Total 5 5 Educational Status Polygamy 3 3 Scholarships were distributed to Women Rape Attempt 4 4 347 students who couldn’t afford educa- Rights Sexual Abuse 2 2 tion. Two children of martyrs and conflict Total 9 9 victim families were also given scholar- Grand Total 3 3 18 4 22 ships. Government has the provision of giving free education up to high school ALL KINDS OF DISCRIMINATION level. AGAINST WOMEN INSEC documented five victims of This year 10 women filed com- Child Rights violation which includes two plaint at the Women, Children and Senior of rape and three sexual abuses. One case Citizen’s Service Center. Among these was adjudged, two were in judicial custo- complaints, there was one victim aban- dy and five were in legal processing. doned after beating, one without mar- riage and citizenship registration and one Rape and Sexual Abuse polygamy. The police reconciled one case Santosh Sunar (28) of Triveni Ru- whereas three others were going through ral Municipality-4 was arrested for sexual legal processing. abuse of two girls aged six and nine on 8 INSEC documented, nine victims September 2019. He was adjudged im- of Women Rights violation which includes prisonment of two years and a penalty four rape attempt, three polygamy and amount of Rs. 20,000. two sexual abuse.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Legal Proceeding Total Rape 2 2 Sexual Abuse 1 1 2 Total 1 3 4 WOMEN RIGHTS Legal No Legal Type of Events Closed Case Total Proceeding Proceeding Polygamy 1 2 3 Rape Attempt 1 3 4 Sexual Abuse 2 2 Total 1 3 5 9

Nepal Human Rights Year Book 2020 171 3.4 Dhading

Total Population 3,35,188

Women 1,80,456

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

Below Poverty Level 62,621 dated 308; 217 convicts and 81 detainees. There are 17 female, two senior citizens, six dependent children and 17 foreigners. No. of Migrant Workers 22,537 The jail is crowded and there are more in- mates than the capacity. There is provi- sion of meeting with relatives in assigned Population by Disability 7,827 time.

RIGHT TO PROMPT AND FAIR TRIAL The District Court has the post- Literacy above 5 yrs (%) 98 ing of one judge. In 2019, 59 out of 181 criminal cases were adjudged and 146 out of 317 civil cases were adjudged. There is Dependent Population 1,48,771 one civil remaining case exceeding two years. n the year 2019, 50 victims of CHILD RIGHTS Human Rights violations and I Educational Status abuses were documented by INSEC. In 2019, a total of 37616 girls and There are 19 victims of Child Rights vio- 33627 boys were admitted in community lation which includes eight rape, one each schools. There are 467 elementary and corporal punishment and child marriage 150 secondary schools. Scholarships were and nine sexual abuses. There are 13 vic- distributed to 12 children of conflict af- tims of Women Rights violation which fected families, three children of Martyrs includes one rape, two rape attempt, six families and 62 children of families whose domestic violence, three witchcraft alle- bread earner have gone abroad for work- gation and one attempt to trafficking. ing. INSEC documented 19 victims JAIL AND DETAINEES of Child Rights violation which includes Category ‘B’ district jail has the eight rape, one each corporal punishment capacity of 150 inmates but has accommo-

172 Human Rights Situation of Bagmati Province in 2019 and child marriage and nine sexual abus- By State By Others es. Type of Events Rape and Sexual Abuse

One male of 45 years age was ar- Male Total Female Male Total rested for rape of a girl eight years old on Arrest 3 3 4 January 2019. A case was registered Beatings 1 1 2 2 against culprit in District Court on 5 Injured 3 3 March 2019 and the convict was sent in Killing 2 2 jurisdiction custody. Later, District Court Racial Discrimination 1 6 7 adjudged the convict with four years’ im- Child Marriage 1 1 prisonment and penalty of Rs. 7500. Corporal 1 1 Child Punishment ALL KINDS OF DISCRIMINATION Rights Rape 8 8 AGAINST WOMEN Sexual Abuse 9 9 This year 183 women filed com- Total 18 1 19 plaint at the Women, Children and Se- Attempt to 1 1 nior Citizen Service Center. Among them, Trafficking 72 wear abandoned after beating, 42 de- Domestic 6 6 prived of food, 15 threatened, 28 mental Violence torture and one house abandoned. Po- Women For Practicing 3 3 lice reconciled 88 cases and 95 are going Rights Witchcraft through legal processing. Rape 1 1 One case of marital rape and two Rape Attempt 2 2 cases of rape attempt were documented in Total 13 13 Dhading. One convict of trafficking was Grand Total 4 4 34 12 46 in jurisdiction custody. Two women were and two were sent in jurisdiction custody. murdered from family members. Three Three incidents of witchcraft were on le- cases of domestic violence were mediated gal procedures. Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal Type of Events Closed Case Compromise Incomplete Total Proceeding Child Marriage 1 1 Corporal Punishment 1 1 Rape 1 7 8 Sexual Abuse 1 6 7 Total 1 1 1 14 17 WOMEN RIGHTS Legal No Legal Type of Events Compromise Incomplete Total Proceeding Proceeding Attempt to Trafficking 1 1 Domestic Violence 2 3 5 For Practicing Witchcraft 1 1 1 3 Rape 1 1 Rape Attempt 2 2 Total 2 2 7 1 12 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 1 1 2

Nepal Human Rights Year Book 2020 173 3.5 Nuwakot

Total Population 2,73,267

Women 1,44,261

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

Below Poverty Level 55,895 of Nepal. Two of them were freed on gen- eral bail depositing penalty money.

JAIL AND DETAINEES No. of Migrant Workers 14,311 Category ‘B’ District Jail has the capacity of 70 prisoners. It has accommo- dated 159 inmates; 16 females and 143 Population by Disability 4,690 male. There are four senior citizens in the Jail. Male inmates are three fold the capacity of the Jail. There is provision of Literacy above 5 yrs (%) 98.19 toilet, water and library and skill empow- erment trainings. There is posting of a health personnel in the Jail and in critical Dependent Population 1,13,582 cases, inmates are taken to District Hos- pital and Kathmandu.

n the year 2019, 66 vicitms of RIGHT TO PROMPT AND FAIR TRIAL IHuman Rights violation and The District Court has the post- abuses were documented by INSEC. ing of one Judge. In 2019, 30 out of 154 There were 21 victims of child right viola- criminal cases were adjudged and 117 out tion in 2019; 10 victims of rape, six vic- of 316 civil cases were adjudged. There tims of sexual abuse, one victim of traf- are criminal and civil cases exceeding two ficking and four victims of child marriag- years in the court. es. Also there were 14 victims of domestic violence, five victims of rape, one victim CHILD RIGHTS of attempt to trafficking, and 13 victims Educational Status of polygamy. All schools re-constructed post- earthquake are disability friendly. In ARREST 2019, 2395 boys and 2727 girls received In the year 2019, Police arrested scholarships. Child Enhancement Com- four cadres of banned Communist Party mittee of the District were not active.

174 Human Rights Situation of Bagmati Province in 2019 There was no record of children without By State By Others access to schools. INSEC documented 21 victims of Type of Events child right violation in 2019; two victims of murder, 10 victims of rape, six victims Male Total Female Male Total Arrest 6 6 of sexual abuse, one victim of trafficking Killing 2 4 6 and four victims of child marriages. Child Marriage 4 4 Child ALL KINDS OF DISCRIMINATION 1 1 Child Trafficking AGAINST WOMEN Rights Rape 10 10 This year 94 cases of domestic vio- Sexual Abuse 6 6 lence were registered in Women, children Total 21 21 and Senior Citizens Service Center; five Attempt to 1 1 cases of beating and home extrude, nine Trafficking cases of deprivation of food and clothes, Domestic 14 14 three cases of deprivation of marriage Women Violence Rights registration and citizenship, six cases of Polygamy 13 13 polygamy, and 71 cases of domestic dis- Rape 5 5 putes. Police mediated 54 cases among Total 33 33 them, nine cases were on legal processing Grand Total 6 6 56 4 60 and 20 were taken to the court and people ECONOMIC, SOCIAL AND who filed other 11 cases did not show up CULTURAL RIGHTS after registering the cases. Damage of Property In 2019, there were 14 victims of There was complete damage in two domestic violence, five victims of rape, rooms of building of ward office in Kagati one victim of attempt to trafficking, and Gaun by the blast of petrol bomb sup- 13 victims of polygamy as documented by planted by cadres of banned Communist INSEC. Party of Nepal.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Incomplete Legal Proceeding Total Child Marriage 4 4 Child Trafficking 1 1 Rape 1 9 10 Sexual Abuse 1 4 5 Total 2 18 20 WOMEN RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Attempt to Trafficking 1 1 Domestic Violence 1 11 2 14 Polygamy 13 13 Rape 1 4 5 Total 1 11 1 20 33 Number of Incidents Type of Events Legal Proceeding Total Killing 6 6

Nepal Human Rights Year Book 2020 175 3.6 Kathmandu

Total Population 21,11,651

Women 10,13,941

No. of Constituency (HoR) 10

No. of Constituency (PA) 20

Below Poverty Level 1,28,973 DEATH/ INJURY DUE TO EXPLOSION By Others No. of Migrant Workers 99,805 Gokul Magar (32), Jit Bahadur Hamal (35) of Dang and Bivuram B.K. of Kalikot lost their life in bomb explosion Population by Disability 17,122 in Sukedhara Dhalene (borer between Budhanilakantha Municipality and Kathmandu Metropolitan) at the spot Literacy above 5 yrs (%) 76.4 on 26 May 2019. Injured Krishna Prasad Bhandari (45) of Baglung, and Ram Ku- mar Shrestha of Ramechhap died during Dependent Population 6,03,121 treatment in Om Hospital, Kathmandu. Post mortem was done in Tribhuvan Uni- versity Teaaching Hospital. Hari Khadka n the year 2019, 742 victims of (44), Surendra Maharjan (54) and Chhotu IHuman Rights violations and Thakur (56) were injured. They received abuses were documented by INSEC. treatment in Trauma Center, Kathman- There are 127 victims of Child Rights vio- du. All the casualties were supeted to be lation which includes 97 rape, 17 sexual cadres of banned Communist Party of Ne- abuses, one child marriage and 12 chil- pal except Thakur. dren trafficking. There are 480 victims of Prajwal Shahi (27) of Bajhang Women Rights violation which includes Jayaprithivi Municipality-1 died in Kath- five attempts to rape, 64 rape, 32at- mandu Metropolitan -29, Sangam Galli tempts to women trafficking, one witch- when the bomb he was making exploded craft allegation, six women trafficking, on 26 May 2019. The plan was to plant 300 domestic violence and 72 polygamy. bomb in Maitidevi. Post mortem was done in Tribhuvan University Teaching Hospi-

176 Human Rights Situation of Bagmati Province in 2019 tal. Rabin K.C. of rukum was injured in By State By Others the incident. K.C was in Sundhara Jail for judicial custody by the order of District Type of Events Court.

A bomb was exploded in Chan- Female Male Total Female Male Total Abduction 3 1 4 dragiri Municipality-3 on 26 May 2019 Arrest 3 71 74 injuring Buddha Lama (30) of Lalitpur Beatings 1 1 2 3 5 and Mahendra Tamang (29) of Nuwakot. Death in Jail 13 13 They both received treatment in National Inhuman Behaviour 1 1 Trauma Center. Police claimed both to be Injured 4 4 1 8 9 the cadres of banned Communist Party Killing 4 8 12 of Nepal. They were arrested and kept in Racial Discrimination 1 1 2 judicial custody by the order of respected Right to Assembly 10 10 Court. The case was not adjudged till the end of th year. Child Marriage 1 1 Child 12 12 Child Trafficking INJURY DUE TO FIRING Rights Rape 97 97 Chhiring Tamang (39), originally Sexual Abuse 17 17 from Ilam, staying in Kathmandu Met- Total 127 127 ropolitan-6 was fired a bullet when police Attempt to 32 32 went on to arrest him on 7 June 2019. He Trafficking was convict of a robbery case. He received Domestic 300 300 his treatment in Trauma Center, Kath- Violence mandu. He was sent in judicial custody. For Practicing 1 1 The case was not adjudged till the end of Women Witchcraft the year. Rights Polygamy 72 72 Police fired bullets and arrested Rape 64 64 Milan Tamang and Amrt tamang from Rape Attempt 5 5 Women near Bijeshwori Housing in Swyambhu 6 6 on 10 August 2019. They were arrested Trafficking Total 480 480 for threatening People’s Representa- Grand Total 3 99 102 618 22 640 tive of murder of three years old daugh- ter if a donation of three crores was not day. The protest was against the Guthi given. Milan was injured from the firing Bill that would curb tradition in religious who was taken to Trauma Center for the places. The protest was halted after Gov- treatment. They threatened Chairperson ernment declared to withdraw the bill on of Likhu- Tamakoshi Rural Municipality 18 June 2019. of Ramechhap. ARREST INJURY IN PROTEST Police banned Communist Party Police used force during the pro- of Nepal led by Biplav on 12 March 2019. test against Guthi Bill (Trust Bill) regis- Since then, police arrested 77 cadres tered by Government in National Assem- of the party. Five among them were ar- bly on 9 June 2019. The incident saw the rested twice and were transferred to the injuries of Dr. Mahesman Shrestha (74), Districts as documented by INSEC. Fifty Mahesh Karanjit, Ganapati Lal Shrestha seven cases were registered in Supreme (31). They were treated in local health Court. Among these, two were sent in ju- institutions. Police freed them on same dicial custody, 14 were freed on penalty,

Nepal Human Rights Year Book 2020 177 four were freed on general bail, four were were freed depoiting 15 thousands pen- sent in judicial for being unable to deposit alty each. penalty, four were arrested again and 21 were freed through witness registration. JAIL AND DETAINEES In two cases filed in District Court, the Kathmandu has two jails; Jagan- convicts were sent in judicial custody for nath dewal Jail and Dillibazar Jail. There being unable to deposit penalty. Out of 15 is apacity of 1100 prisoners in Jagannath cases registered in District Administra- dewal Jail. There are 395 females, 2819 tion Office, in 13 cases convicts were freed males and 10 dependent children. Due to on penalty, one was freed and one was overcrowding, there is problem of meet- ordered to free in penalty. Even though ing with inmates by family members and Administration ordered to free the onvict, relatives. one was arrested again by the Police. Dillibazar Jail has the capacity of Madan Prakash Chand (28) of Salyan re- 350. However it has accommodated more siding in Kalimiti of Kathmandu Metro- than 600 inamtes. Two inmates died in politan-13 was arrested on 15 April 2019. this Jail in 2019. He was accused of being involved in the activities of banned Communist Party of RIGHT TO PROMPT AND FAIR TRIAL Nepal. He was kept in judicial custody There is posting of 34 Judges in and later by the order of Kathmandu Dis- the District Court. In 2019, out of 422 trict Administration Office was freed de- out of 2,904 criminal cases were adjudged positing a nalty amount of Rs. 10000. He and 2018 out of 8,556 civil cases were ad- was again arrested on 8 June 2019 and judged. There were 308 criminal cases case was filed in District Court, Banke. and 616 civil cases exceeding two years in He was on judicial custody and the case the Court. was not adjudged till the end of the year. CHILD RIGHTS Misbehave Educational Status Sugat Ratna kansakar (60) of Ka- A total of 31,851 girls and 40,781 maladi, Kathmandu Metropolitan-27 was boys were admitted in private schools in black masked in his office by the cadres 2019 and there were 507 girls and 568 of Nepal Krantikari Maoist led by Mohan boys admitted in community schools. Baidya on 4 January 2019. Kanshakar Admitted students were 2,018 boys and was referred for punishment by Public 2,571 girls from marginalized class. Account Committee of Parliament for the Even though budget for scholarships was corruption during the purchase of wide passed, it was not distributed. body plane for Nepal Airlines Corpora- INSEC documented 114 victims tion. The victim did not register case in of rape and sexual abuse in 2019 from any legal body. Kathmandu. Three cases of rape were Campus Chief of Tri-Chandra adjudged and 70 were in judicial custody. Campus, Pradip Kumar Neupane (63) Twenty one child convicts were sent to ju- was beaten in campus premise on 25 No- venile Care Home, one was freed on pen- vember 2019. He was beaten for raising alty and one was given exoneration. Ten educational fees in the college. Govinda out of 107 convicts of rapes were on run Thapaliya (26), and Manraaj Thapa (23) till the end of the year. were involved in the case. They were ar- Further, There were 17 victims of rested by police from Metropolitan Police sexual abuse. Convicts of one case were Office, Durbar Marg. Both the convicts not identified. Convicts of 13 cases were

178 Human Rights Situation of Bagmati Province in 2019 in judicial custody an convicts of two case general bail, one was freed on penalty, 12 were exonerated. were on run, 13 were exonerated, and 57 In 2019, there were 12 victims were in judicial custody. Similarly, con- of trafficking. Four convicts out of 15 in victs of both cases of sexual abuse were in those 10 cases were on run till the end of judicial custody. the year. Eleven convicts were in judicial INSEC documented 32 victims of custody. None of the cases were given ver- human trafficking in 2019 from - Kath dict by the Court. mandu. Convicts of one case which had four victims were exonerated and other Rape and Sexual Abuse cases were not adjudged till the end of the Police arrested a 30 years old man year. living in Kathmandu Metropolitan-9, Gaushal, originally from Kavre District Acid Attack for the rape of an 11 years old girl on 2 Jeni Khadka (20) from Dolakha, March 2019. He was kept in judicial cus- residing in Kathmandu Metroolitan-5, tody by Kathmandu District Court. Later, Kalopul was attacked with acid by her the Court adjudged him with the impris- husband Bishnu Bhjuel (36) of Kavre. He onment of seven years and three months. was arrested on 15 May 2019. The victim received her treatment in Kirtipur Hospi- ALL KINDS OF DISCRIMINATION tal. The convict was sent in judicial custo- AGAINST WOMEN dy and the case was not adjudged till the A total of 301 women filed cases end of the year. against domestic violence in Women, Children and Senior Citizen Service Cen- WITCHCRAFT ALLEGATION ter. These cases might have to mediated. Police arrested Kabita Shrestha Even though, cases against women vio- (45) living n Kathmandu Metropolitan-29 lation are lodged in Kathmandu, solving for beating Rashmi Uparkoti (35) living them has been difficult due to absence of in Kathmandu Metropolitan-14 accus- residential facilities to the victims when ing her of so called witch on 24 February they come to the Center. 2019. The victim was beaten by broom INSEC documented 69 victims; 64 and hot ladle. The convict was freed de- victims of rape and five victims of rape at- positing penalty of Rs. 25,000 by the order tempt. Convict was not confirmed in one of Kathmandu District Court. case of rape. One convict was frees on

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal Type of Events Closed Case Incomplete Investigation Total Proceeding Child Marriage 1 1 Child Trafficking 1 11 12 Rape 1 4 5 87 97 Sexual Abuse 17 17 Total 1 4 6 116 127

Nepal Human Rights Year Book 2020 179 WOMEN RIGHTS Legal Type of Events Compromise Incomplete Investigation Total Proceeding Attempt to Trafficking 19 19 Domestic Violence 297 3 300 For Practicing Witchcraft 1 1 Polygamy 11 61 72 Rape 1 1 62 64 Rape Attempt 5 5 Women Trafficking 5 5 Total 297 1 12 156 466 Number of Incidents Type of Events Closed Case Investigation Legal Proceeding Total Killing 3 1 3 7

180 Human Rights Situation of Bagmati Province in 2019 3.7 Bhaktapur

Total Population 3,43,633

Women 1,69,037

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

chowk, Jugal Rural Municipality- 4 Pan- Below Poverty Level 36,999 gtang, a cadre of the banned Communist Party of Nepal was arrested by the police on 21 August 2019 from Sallaghari. He No. of Migrant Workers 10,215 was directly taken to the District Police Office. He was arrested in accusation of an arson at the Ncell tower of Population by Disability 3,204 and ward office of Melamchi Municipal- ity-10. He was released on the bail of Rs 80,000. The case didn’t receive any ver- Literacy above 5 yrs (%) 96.5 dict till the end of 2019.

JUVENILE REHABILITATION Dependent Population 1,04,688 CENTER In aid of Non- Governmental Orga- n the year 2019, 57 victims of nization, a Juvenile Rehabilitation is run- IHuman Rights violation and ning in Bhaktapur since 2001. ‘C’ category abuses were documented by INSEC. center has the capacity of 110. There were There are 22 victims of Child Rights vio- 362 children in the Center; 331 boys and lation which includes 21 rape and one 31 girls. There is good provision of educa- sexual abuses. There are 19 victims of tion in the center and a library is set up Women Rights violation which includes for children. Rooms are being added for 11 rape, seven polygamy and one woman teaching them up to class 12 and there trafficking. is good provision of health facility in the District. ARREST Nine cadres of banned Communist RIGHT TO PROMPT AND FAIR TRIAL Party of Nepal were arrested from Bhak- The District Court has the post- tapur District. ing of five Judges. In 2019, 159 out of 969 Gopal Shrestha (37) of Sindhupal- criminal cases were adjudged and 624 out

Nepal Human Rights Year Book 2020 181 By State By Others are two disability friendly schools in the District. A total of 9,871 boys and 7,687 Type of Events girls were admitted in the schools. Free education is provided to children from

Female Male Total Female Male Total marginalized class and with disability. Arrest 1 12 13 INSEC documented 21 victims of Killing 1 2 3 rape in the District in 2019. Six convicts Rape 21 21 Child were sent for jurisdiction custody, two Sexual Abuse 1 1 Rights were on investigation and two were on Total 22 22 run till the end of the year. Polygamy 7 7

Rape 11 11 Women ALL KINDS OF DISCRIMINATION Women Rights 1 1 AGAINST WOMEN Trafficking This year 143 cases of domestic vio- Total 19 19 lence were registered in Women, children Grand Total 1 12 13 42 2 44 and Senior Citizens Service Center; 43 of 2,226 civil cases have been adjudged. victims of beating and home extrude, 93 There were 138 criminal cases and 191 victims of physical, mental and economic civil cases exceeding two years in the torture, four victims of sexual dispute, 16 court. victims of polygamy. INSEC documented seven victims CHILD RIGHTS of polygamy, 11 rapes and one victim of Educational Status trafficking. Three convicts of trafficking There are 79 elementary and 30 were sent to jurisdiction custody in the secondary schools in the District. There order of District Court.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Investigation Legal Proceeding Total Rape 2 19 21 Sexual Abuse 1 1 Total 2 20 22 WOMEN RIGHTS Type of Events Incomplete Legal Proceeding Total Polygamy 1 6 7 Rape 1 10 11 Women Trafficking 1 1 Total 2 17 19 Number of Incidents Type of Events Legal Proceeding Total Killing 3 3

182 Human Rights Situation of Bagmati Province in 2019 3.8 Lalitpur

Total Population 5,33,410

Women 2,62,549

No. of Constituency (HoR) 3

No. of Constituency (PA) 6

Singa Prasad Gurung (39) of Lamjung Below Poverty Level 34,554 was killed while on treatment in Mediciti Hospital. Injured Pratikshya Khadka (26) of Lalitpur Metropolitan-4 and Urusha No. of Migrant Workers 24,386 Manandhar (25) of Muncipal- ity received their treatment in Mediciti Hospital. Suspect of the incident, Surya Population by Disability 4,934 Bahadur Bhujel (38) of Tarkeshwor Rural Municipality-2 of Nuwakot was arrested by police on duty from Police Headquar- Literacy above 5 yrs (%) 98.4 ter.

ARREST Dependent Population 1,62,447 In the year 2019, police arrested 13 cadres of the banned Communist Party of n the year 2019, 99 victims of Nepal. Eight of the accused were sent for IHuman Rights violation and judicial custody by the order of District abuses were documented by INSEC. Court, four were freed on general bail and There were 41 victims of Child Right vio- one was sent to jail for judicial custody. lation; 31 victims of rape and 10 victims of Police arrested Hemanta Prakash sexual abuse. Also there were 21 victims Oli (54), member of banned Communist of Women Rights violation; one domestic Party of Nepal and a resident of Triveni violence, 14 victims of rape, two victim of Rural Municipality-6, Paschim Rukum on attempt to rape and four victims of sexual 23 March 2019. His case was transferred abuse. to District Court, Lalitpur. The Court sent him to Nakkhu Jail for judicial custody. DEATH DUE TO BOMB BLAST Due to a bomb blast in front of JAIL AND DETAINEES Ncell Headquarter in Nakkhu of Lalitpur Category ‘A’ District Jail has the Metropolitan-13 on 22 February 2019, capacity of 600 prisoners. It has accom-

Nepal Human Rights Year Book 2020 183 bility were transferred to the High Court, By State By Others Patan in 2019. A total of 2918 Govern- Type of Events ment petitioned criminal cases were ad- judged by the Court. Male Total Female Male Total Arrest 22 22 CHILD RIGHTS Beatings 2 5 7 Educational Status Injured 2 2 In 2019, a total of 19775 girls and Killing 3 3 6 21879 boys were admitted in schools. Rape 31 31 There are 115 elementary and 75 second- Child Sexual Abuse 9 1 10 ary schools. There are only two disability Rights friendly schools in Lalitpur. All children Total 40 1 41 of school going age have access to schools. Domestic 1 1 INSEC documented 41 victims of Violence Child Rights violation in 2019; 31 victims Rape 14 14 Women of rape and 10 victims of sexual abuse. Rights Rape Attempt 2 2 Seven accused of rape were sent for jail Sexual Abuse 4 4 imprisonment and 19 were sent in judicial Total 21 21 custody. Six remained in police custody Grand Total 22 22 68 9 77 for investigation. Four accused of sexual abuse were sent for judicial custody and modated 994 detainees, 557 convicts. two were given imprisonment. Similarly, There are no women inmates and 124 for- one accused of abduction and rape of girls eign inmates. There are 130 inmates with was given imprisonment. critical mental disorder. The jail has the provision of library Rape and Sexual Abuse and a clinic for health checkup. Inmates Vijay Tamang (20) originally from do enjoy newspapers, volleyball, chess, Dhading District was arrested from Goda- Ludo and carom board for entertainment. vari Municipality-14 in accusation of rape Inmates make money selling handicrafts of a 17-years-old girl on 7 January 2019. they make in the Jail. He was later adjudged an imprisonment of 10 years and penalty of Rs 50,000 by RIGHT TO PROMPT AND FAIR TRIAL the District court. District Court The District Court has the post- ALL KINDS OF DISCRIMINATION ing of seven Judges. In 2019, 732 out of AGAINST WOMEN 1234 criminal cases were adjudged and There were 21 victims of Women 1463 out of 2470 civil cases have been ad- Rights violation and abuse; one domestic judged. There are 502 criminal and 1007 violence, 14 rape, two rape attempt and civil cases exceeding two years in the four sexual abuse. One woman was killed court. by family members. Eight accused of rape were sent for judicial custody and three High Court were given imprisonment. Three convicts There is posting of 36 Judges. A of rape were exonerated and three were total of 1644 public petitioned civil cases, on run till the end of the year. Three ac- 565 public petitioned criminal cases, 2019 cused of rape received clearance. Two Government petitioned criminal cases were in custody for investigation. and 40 cases from initial work responsi-

184 Human Rights Situation of Bagmati Province in 2019 Rape, Attempted Rape and Sexual Abuse 2019. He was sent for judicial custody on Maniraj Shahi (21) of Lalitpur Mu- 12 April 2019. Later he was adjudged an nicipality-21 was arrested in accusation imprisonment of 10 years by the order of of rape of an 18-year-old girl on 19 March Court on 31 December.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Legal Proceeding Total Rape 2 29 31 Sexual Abuse 5 4 9 Total 7 33 40 WOMEN RIGHTS Type of Events Closed Case Incomplete Legal Proceeding Total Domestic Violence 1 1 Rape 3 1 10 14 Rape Attempt 2 2 Sexual Abuse 1 3 4 Total 4 1 16 21 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 1 5 6

Nepal Human Rights Year Book 2020 185 3.9 Kavre

Total Population 3,80,504

Women 1,99,919

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

75 detainees. There are 19 inmates with Below Poverty Level 52,018 mental disorder. There are no dependent children and 40 senior citizens. There is posting of one health personnel in the No. of Migrant Workers 14,531 Jail. In need, inmates are taken to Dhu- likhel Hospital. The jail was supervised once by National Human Rights Commis- Population by Disability 6,670 sion and once by INSEC in 2019.

RIGHT TO PROMPT AND FAIR TRIAL Literacy above 5 yrs (%) 69.8 The District Court has the posting of three Judges. There were 10 criminal and 18 civil cases exceeding two years in Dependent Population 1,47,285 the court. The Court has the postings of 45 staff of which only one was vacant.

n the year 2019, 28 victims of CHILD RIGHTS IHuman Rights violation and Educational Status abuses were documented by INSEC. There In 2019, a total of 2,548 girls and were 12 victims of Child Rights violation- 2,626 boys were admitted in community nine victims of rape and three victims of schools. There are 372 elementary and sexual abuse. Similarly, there were seven 145 secondary community schools. Schol- victims of Women Rights violation - three arships of Rs 274,000 were distributed to victims of rape, two victims of polygamy, 21 children of conflict victim families. one victim of woman trafficking and one INSEC documented 12 victims victim of domestic violence. of Child Rights violation in 2019. There were nine victims of rape and three vic- JAIL AND DETAINEES tims of sexual abuse. All the convicts of Category ‘E’ District Jail has the documented cases were arrested. Con- capacity of 75 prisoners. It has accom- victs of two rapes and two sexual abuses modated 242 inmates; 176 convicts and were given exoneration.

186 Human Rights Situation of Bagmati Province in 2019 ALL KINDS OF DISCRIMINATION By State By Others AGAINST WOMEN This year 283 cases of domestic Type of Events violence were registered in Women, Chil- dren and Senior Citizen Service Center. Male Total Female Male Total Arrest 4 4 Police mediated 168 cases and 19 cases were transferred to District Court. Four- Killing 3 2 5 teen cases of polygamy and three cases Rape 9 9 Child of child marriages were registered in the Sexual Abuse 3 3 Rights Center. No cases of criminal background Total 12 12 were mediated in 2019. Domestic 1 1 INSEC documented seven victims Violence of Women Rights violation in 2019; three Polygamy 2 2 victims of rape, two victims of polygamy, Women Rape 3 3 one victim of woman trafficking and one Rights Women 1 1 victim of domestic violence. Convicts of Trafficking two rapes were on run and convicts of Total 7 7 other rapes were in jurisdiction custody. Grand Total 4 4 22 2 24 These cases were not adjudged till the end of the year. One case of domestic violence was mediated.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Investigation Legal Proceeding Total Rape 9 9 Sexual Abuse 1 2 3 Total 1 11 12 WOMEN RIGHTS Type of Events Closed Case Compromise Legal Proceeding Total Domestic Violence 1 1 Polygamy 1 1 2 Rape 1 2 3 Women Trafficking 1 1 Total 2 2 3 7 Number of Incidents Type of Events Legal Proceeding Total Killing 4 4

Nepal Human Rights Year Book 2020 187 3.10 Ramechhap

Total Population 1,98,912

Women 1,08,355

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

of Nepal. Both convicts were freed by the Below Poverty Level 51,467 order of District Administration Office Prem Bahadur Shrestha and Chet Narayan Shrestha of Khada Devi Munici- No. of Migrant Workers 11,199 pality-1 were arrested by police for col- lecting donations illegally in the name of banned Communist party of Nepal. They Population by Disability 4,418 were filed case against misbehave. Both were released on penalty of Rs. 10,000 on 27 August 2019. Literacy above 5 yrs (%) 97 JAIL AND DETAINEES Category ‘D’ District Jail has the Dependent Population 88,861 capacity of 100 prisoners. It has accom- modated 152 inmates; 110 convicts, and 42 detainees. There are 12 women and 19 n the year 2019, 27 victims of foreign convicts. IHuman Rights violations and abuses were documented by INSEC. RIGHT TO PROMPT AND FAIR TRIAL There were six victims of Child Rights The District Court has the posting violation- two victims of rape and four of one Judge. In 2019, 45 government pe- victims of sexual abuse. Similarly, there titioned criminal cases were adjudged; 27 were five victims of Women Rights vio- registered and 18 received through trans- lation - one victim of rape, one victim of fer of responsibility. Five out of 15 crimi- polygamy, two domestic violence and one nal cases were adjudged and 104 out of sexual abuse. 179 civil cases have been adjudged. There are no criminal and civil cases exceeding ARREST two years in the court. In the year 2019, Police arrested two cadres of banned Communist Party

188 Human Rights Situation of Bagmati Province in 2019 CHILD RIGHTS By State By Others Educational Status There are 309 elementary and 91 Type of Events secondary community schools. There are ten elementary and three secondary pri- Male Total Female Male Total Arrest 2 2 vate schools. Scholarships to 25 students of families losing bread earner in foreign Beatings 5 5 employment and 11 students from conflict Killing 2 1 3 affected families were provided. A total of Racial Discrimination 2 2 4 21685 boys and 23114 girls were admitted Threats 2 2 in community schools. Rape 2 2 INSEC documented six victims of Child Sexual Abuse 4 4 Child Rights violation in 2019. There two Rights Total 6 6 victims of rape and four victims of sexual Domestic 2 2 abuse. One accused of sexual abuse was Violence given imprisonment by the order of Dis- Polygamy 1 1 trict Court. Two were sent to Juvenile Re- Women Rights Rape 1 1 habilitation Center. One accused of rape was sent for judicial custody. Sexual Abuse 1 1 Total 5 5 Rape and Sexual Abuse Grand Total 2 2 15 10 25 Radheshwor Thing Tamang (26) Court. Out of 27 cases of missing, 17 were was arrested by police on 16 January 2019 found by police. Ten were not found till and a case was filed in District Court for the end of the year. the sexual abuse of a 17-year-old girl. He INSEC documented five victims was adjudged10 years of imprisonment by of Women Rights violation - one victim the order of Court. of rape, one victim of polygamy, two do- mestic violence and one sexual abuse. The ALL KINDS OF RACIAL Court has sent one convict of murder by DISCRIMINATION family members in imprisonment and one A case was filed against Maiya was sent in judicial custody. Karki (55) for racially discriminating Asmita Rasaili (15) of Khada Devi Rural ALL KINDS OF RACIAL Municipality-5 on 8 January 2019. The DISCRIMINATION case was transferred to District Court and There was one case of racial dis- the convict was adjudged with the penalty crimination in Ramechhap in 2019 as amount of Rs 12000. documented by INSEC. The case was me-

diated by police. ALL KINDS OF DISCRIMINATION Police arrested Nir Bahadur Da- AGAINST WOMEN mai (61) for murder of his wife Dhan Ku- This year 15 cases of domestic mari Damai (50) on 16 May 2019. The in- violence were registered in Women, chil- cident took after the convict attacked his dren and Senior Citizens Service Center. wife with fire wood when he was drunk. Among them, 11 cases were mediated and He was adjudged with imprisonment of four were on legal processing. One case of 10 years and penalty of Rs 100,000. polygamy was transferred to the District

Nepal Human Rights Year Book 2020 189 ECONOMIC, SOCIAL AND papers. Similarly, Ncell tower of Doram- CULTURAL RIGHTS ba Rural Municipality was damaged by Destruction of Property bomb blast on 4 August 2019. Further, Unidentified group blasted a- cyl an unidentified group set on arson the inder in ward office of Khada Devi Rural vehicle of Nabin Karki (28) on 26 August Municipality-3 on 3 August 2019. The 2019. blast saw the damage of furniture and

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Legal Proceeding Total Rape 2 2 Sexual Abuse 1 3 4 Total 1 5 6 WOMEN RIGHTS Type of Events Compromise Legal Proceeding Total Domestic Violence 2 2 Polygamy 1 1 Rape 1 1 Sexual Abuse 1 1 Total 2 3 5 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 1 2 3

190 Human Rights Situation of Bagmati Province in 2019 3.11 Sindhuli

Total Population 3,03,114

Women 1,59,838

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

Below Poverty Level 1,12,302 Three convicts were sent in judicial custo- dy for being incapable to deposit penalty amount. No. of Migrant Workers 15,287 Police arrested Pawan Mahato (30) and Tirtha Bahadur Rai (37) from Ka- mala Mai Municipality-1 on 26 May 2019 Population by Disability 6,466 for being involved in activities of banned Communist party of Nepal. A case of mis- behave was filed against them at the Dis- Literacy above 5 yrs (%) 75 trict Administration Office (DAO). They were released by the order of the DAO with penalty of Rs 21,000. Incapable of Dependent Population 1,41,870 depositing the money, they were sent for judicial custody. They were later adjudged with six months of imprisonment. After n the year 2019, 93 victims of their release from the imprisonment, they IHuman Rights violations and were re-arrested. After this, Mahato was abuses were documented by INSEC. sent to the Sarhali and Rai was sent to There are 13 victims of Child Rights vio- Ramechhap. lation which includes nine rape and four sexual abuses. There are 62 victims of JAIL AND DETAINEES Women Rights violation which includes Category ‘D’ District Jail has the five rape, two rape attempt, seven polyga- capacity of 50 prisoners. It has accommo- my and 48 domestic violence. dated 161 inmates; 90 convicts, and 75 de- tainees. There were five women and one ARREST senior citizen. Bimala B.K, an inmate in In the year 2019, Police arrested the Jail was given maternity leave. There six cadres of the banned Communist Par- are means of recreation in the Jail- news- ty of Nepal. Two convicts who were freed papers, television, sports wares. The post- by the order of court were re-arrested. ing of Health Assistant was vacant due to

Nepal Human Rights Year Book 2020 191 By State By Others INSEC documented 13 victims of Child Rights violation which includes Type of Events nine rape and four sexual abuses. Seven cases were in judicial custody, seven cases

Male Total Female Male Total were adjudged and four cases were exon- Arrest 4 4 erated by the court. Beatings 7 7 Inhuman Behaviour 1 1 Rape and Sexual Abuse Injured 1 1 2 2 Bam Bahadur Bamjan (50) of Dud- Killing 3 3 hauli Muncipality-13 was arrested on 27 Rape 9 9 March 2019 for rape of a girl four-year- Child old. The case was transferred to District Sexual Abuse 4 4 Rights Court. The convict found guilty was ad- Total 13 13 judged with 16 years of imprisonment and Domestic 48 48 penalty of Rs 100,000. Violence

Polygamy 7 7 Women ALL KINDS OF DISCRIMINATION Rights Rape 5 5 AGAINST WOMEN Rape Attempt 2 2 This year 61 cases of domestic Total 62 62 violence were registered in Women, chil- Grand Total 5 5 78 10 88 dren and Senior Citizens Service Center; 35 victims of beating and house extrude, staff inclusion process of Nepal Govern- nine victims of deprivation of food and ment. clothes, one victim of deprivation of mar- riage registration, one victim of sexual RIGHT TO PROMPT AND FAIR TRIAL torture, and 15 victims of threats. Police The District Court has the posting mediated 32 cases and 19 cases were on of one Judge. In 2019, 167 out of 242 crim- legal processing till the end of the year. inal cases were adjudged and 214 out of INSEC documented 62 victims 437 civil cases have been adjudged. There of Women Rights violation, five of rape. are no criminal cases and one civil case Similarly, there were two victims of rape exceeding two years in the court. attempt and seven victims of polygamy and 48 victims of domestic violence. CHILD RIGHTS Educational Status ECONOMIC, SOCIAL AND There are 462 elementary and 141 CULTURAL RIGHTS secondary schools in the District. Foreign Destruction of Property employment scholarship was provide to A pressure cooker bomb was blast- 56 children and 10 children from margin- ed on the vehicles of Maruti Cement fac- alized class were given the scholarship. tory of Dudhauli Municipality-14 by an There is provision of free education to the unknown group. Also, an excavator worth students up to class 12. The schools con- Rs 10 million kept for the road construc- structed post-earthquake have disability tion of Dhudhauli Municipality-13, was friendly infrastructures in 281 schools. burned by the cadres of the banned Com- Total number of admission of children in munist Party of Nepal on 19 November school was not updated. 2019. Reason behind the arson was the denial to give donation of Rs 15 million.

192 Human Rights Situation of Bagmati Province in 2019 Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal No Legal Type of Events Closed Case Total Proceeding Proceeding Rape 1 7 1 9 Sexual Abuse 2 2 4 Total 3 9 1 13 WOMEN RIGHTS Legal No Legal Type of Events Closed Case Compromise Total Proceeding Proceeding Domestic Violence 1 24 21 1 47 Polygamy 2 5 7 Rape 1 4 5 Rape Attempt 2 2 Total 3 25 32 1 61 Number of Incident Type of Events Closed Case Legal Proceeding Total Killing 1 1 2

Nepal Human Rights Year Book 2020 193 3.12 Makawanpur

Total Population 4,32,292

Women 2,22,512

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

Below Poverty Level 1,15,473 truck he was driving was attacked by pet- rol bomb by cadres of banned Communist Party of Nepal accusing him of driving No. of Migrant Workers 16,547 during strike called upon by the party on 14 March 2019. He had injuries in differ- ent parts of the body. The convicts were Population by Disability 8,467 not arrested till the end of the year.

ARREST Literacy above 5 yrs (%) 98 In the year 2019, police arrested two cadres of banned Communist Party of Nepal. Both were freed on penalty by the Dependent Population 1,75,737 order of Court. Police arrested cadres of banned Communist Party of Nepal, Biram Praja n the year 2019, 53 victims of (40), Hetauda Town In charge and Raj IHuman Rights violation and Kumar Kunwar (37) on 26 March 2019 for abuse were documented by INSEC. There involvement in activities against Govern- were 23 victims of Child Rights violation- ment. They were registered with the case 18 victims of rape and five victims of sexu- in District court. By the order of Court, al abuse. Similarly, there were 19 victims they were freed after depositing penalty of Women Rights violation - nine victims amount of Rs. 7,000. The case was not ad- of rape, one victim of sexual abuse, three judged till the end of the year. victims of polygamy, two victim of at- tempt to woman trafficking and one vic- JAIL AND DETAINEES tim of domestic violence. Category ‘B’ District Jail has the capacity of 1,200 prisoners. It has accom- INJURY BY EXPLOSIVES modated 1,100 inmates; 721 convicts and Yuvraj Subedi (41) of Hetauda 280 detainees. There are no female in- Sub- Metropolitan was injured after the mates. There are 80 senior citizens. Sepa-

194 Human Rights Situation of Bagmati Province in 2019 rate building to accommodate female in- By State By Others mates is under construction. Sixty ercent of inmates are from Makwanpur. Type of Events

Juvenile Rehabilitation Center Male Total Female Male Total Arrest 2 2 It is under inspection of District Administration Office and has 52 -chil Injured 1 2 3 dren. Children attend nearby school and Killing 3 3 6 they have provision of reading and play- Rape 18 18 Child ing materials. Sexual Abuse 5 5 Rights Total 23 23 RIGHT TO PROMPT AND FAIR TRIAL Attempt to 2 2 District Court Trafficking The District Court has the post- Domestic 1 1 ing of three Judges. There were 887 cases Violence transferred from 2018 and 701 cases reg- Women Polygamy 3 3 istered in 2019. In total, 1,110 cases were Rights Rape 9 9 adjudged and 478 were in pending. There Rape Attempt 3 3 were 318 civil cases and 160 criminal cas- Sexual Abuse 1 1 es in line to be adjudged. There were two cases exceeding 18 months in the court. Total 19 19 Grand Total 2 2 46 5 51 High Court (Patan-Hetauda) There is posting of seven Judges. Rape and Sexual Abuse A total of 795 cases were adjudged; 281 Police arrested a 33 years old male cases transferred from 2018 and 762 of Hetauda Sub –Metropolitan for rape of cases registered in 2019. There were 168 a 12-year-old girl on 30 June 2019 and the civil and 80 criminal cases to be adjudged. case was registered in District Court. The There were no cases exceeding 18 months. Court later adjudged the punishment of imprisonment of 13 years and compensa- CHILD RIGHTS tion of Rs. 150,000 to be paid to the victim. Educational Status About 3.4% children are out of ALL KINDS OF DISCRIMINATION access to schools. There 71374 children AGAINST WOMEN between age group 3-5 and only 68150 This year 293 cases of domestic among them are admitted to schools. violence were registered in Women, chil- Twenty one percent children leave schools dren and Senior Citizens Service Center. after class one and only 23 % children Among them, 247 cases were mediated reach grade 10. and 46 were on legal processing. INSEC documented 23 victims of INSEC documented there were 19 Child Rights violation- 18 victims of rape victims of Women Rights violation - nine and five victims of sexual abuse and one victims of rape, one victim of sexual abuse, victim of murder by family members. Fif- three victims of polygamy, two victim of teen convicts of rape were in jurisdiction attempt to woman trafficking and one vic- custody, one child found guilty was sent tim of domestic violence. One convict of to Juvenile Rehabilitation Center and two rape was adjudged imprisonment by the convicts were ordered to be kept in cus- Court, three were in jurisdiction custody, tody for investigation. three were in investigation and one was

Nepal Human Rights Year Book 2020 195 on run till the end of the year. Similarly, to traffic two girls aged 22 and 24. They one convict of rape attempt was sent in had lured these two girls for better em- jurisdiction custody and one was on run. ployment opportunities in India. They were sent for judicial custody on 21 June Rape and Sexual Abuse 2019. Later Tamang was sentenced with A 50 years old male of Hetauda two years of imprisonment and other two Sub- Metropolitan was arrested for rape were sentenced for one year. of an 18 years old girl on 16 march 2019. His case was registered in District Court ECONOMIC, SOCIAL AND and by the order of Court, he was found CULTURAL RIGHTS guilty and was adjudged 19 years of im- Damage of Property prisonment and a compensation of Rs. INSEC documented three cases of 75,000 to be filled. damage of property in 2019. A truck on its way from Kathmandu to Hetauda was set Trafficking on arson on 13 March 2019 and was com- Manika Tamang (24), Anshu Sha- pletely damaged. This caused loss worth hu (26) and Raja Ram Mahato (23) were Rs 3.5 million. arrested on 26 May 2019 in an attempt

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Incomplete Legal Proceeding Total Rape 1 1 16 18 Sexual Abuse 5 5 Total 1 1 21 23 WOMEN RIGHTS Type of Events Closed Case Legal Proceeding Total Attempt to Trafficking 1 1 Domestic Violence 1 1 Polygamy 3 3 Rape 1 8 9 Rape Attempt 3 3 Sexual Abuse 1 1 Total 2 16 18 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 1 5 6

196 Human Rights Situation of Bagmati Province in 2019 3.13 Chitwan

Total Population 6,29,978

Women 3,31,064

No. of Constituency (HoR) 3

No. of Constituency (PA) 6

CIVIL AND POLITICAL RIGHTS Below Poverty Level 50,494 RIGHT TO DIGNIFIED LIFE DEATH IN DETENTION Ram Kandel (30) of Ichha Kama- No. of Migrant Workers 50,421 na Rural Municipality-5, an employee of Nepal Army die while on custody on 16 November 2019. He was in custody after Population by Disability 12,937 words exchange during festival in Ichha Kamana Temple with Police. Police man Thakur Dhakal was arrested for the in- Literacy above 5 yrs (%) 97.5 cident and case was registered in District Court. The case was not adjudged till the end of the year. Dependent Population 2,30,373 Samir Ghising (24) of Kalika Mu- nicipality-1, arrested for theft hanged himself in police custody on 9 May 2019 n the year 2019, 127 victims of and died the next day while on treatment IHuman Rights violations and in Bharatpur. abuses were documented by INSEC. There were 42 victims of Child Rights BEATING violation- 29 victims of rape, three child By State trafficking and 10 victims of sexual abuse. Dev Anand Rai (49) working in Similarly, there were 50 victims of Wom- post mortem section of Bharatur Hospital en Rights violation - 16 victims of rape, and Purna B.K. (60) was beaten by a po- eight attempt to rape, one sexual abuse lice constable on 24 October 2019. They 16 victims of polygamy, eight victim of were accused of stealing jewelry during woman trafficking and one victim of at- post mortem and constable accepted the tempt to woman trafficking. incident. The convict’s promotion was halted for one year for the incident.

Nepal Human Rights Year Book 2020 197 By State By Others nist Party of Nepal on 22 October 2019 for misbehave. He was freed after depositing Type of Events Rs. 20,000 as penalty money on bail. His case was not adjudged till the end of the Male Total Female Male Total year. Arrest 10 10 Beatings 2 2 3 3 JAIL AND DETAINEES Death in Detention 2 2 Category ‘D’ District Jail has the Death in Jail 1 1 capacity of 255 prisoners. It has accom- Inhuman Behaviour 1 2 3 modated 490 convicts including 30 fe- males and 264 detainees including seven Injured 1 2 3 females. There is one infant and six senior Killing 1 4 5 citizens. There is provision of drinking Racial Discrimination 1 3 4 water, toilet, newspapers, radio, televi- Right to Assembly 2 2 sion and sports wares in the Jail. There is Child one Health Assistant allocated in the jail. 3 3 Trafficking Child Rape 29 29 INHUMAN BEHAVIOR Rights Sexual Abuse 6 4 10 Students of Rampur Agriculture Total 38 4 42 and Forestry University misbehaved with Attempt to 1 1 Deputy Dean of Agriculture Department Trafficking masking him with black soot and circling Polygamy 16 16 with boots garland on 4 April 2019. Cul- Rape 16 16 prits of the incident were not arrested. Women Rights Rape Attempt 8 8 Sexual Abuse 1 1 RIGHT TO PROMPT AND FAIR TRIAL Women The District Court has the post- 8 8 Trafficking ing of six Judges. In 2019, 329 out of 720 Total 50 50 criminal cases were adjudged and there Grand Total 17 17 92 18 110 were 6 civil and two criminal cases ex- ceeding two years in the Court. INJURY FROM EXPLOSION Rajan Silwal (45) of Rapti Mun- CHILD RIGHTS cipality-6 was injured from explosion of Educational Status bomb at the - 6 Pam- In 2019, a total of 18200 girls and pha river by an unidentified group on 26 31376 boys were admitted in schools. August 2019. He was injured after he at- There are 11 disability friendly schools in tempted to check the suspicious object. Chitwan. Scholarships were distributed His treatment was carried out in local to 6200 children from marginalized class, medical hall. two children from martyrs’ families and 50 children from conflict affected families. ARREST INSEC documented 42 victims of In the year 2019, Police arrested Child Rights violation- 29 victims of rape, eight cadres of banned Communist Party three child trafficking and 10 victims in- of Nepal. Among them, two were freed on cluding four boys of sexual abuse. Twenty penalty by the order of District Court and three convicts of rape were on jurisdiction six were released on general bail. custody, three were adjudge imprison- Police arrested Guna Raj Lohani ment, one child was sent to Juvenile Care (60), central member of banned Commu-

198 Human Rights Situation of Bagmati Province in 2019 Home and five were on run till the end of one was given exoneration and one was on the year. Eight convicts of sexual abuse run till the end of the year. Four convits were adjudged imprisonment, four were of rape attempt were given imprisonment in jurisdiction custody and two were ex- and three were in jurisdiction custody. onerated. One convict was on run till the end of the year. Rape, Attempted Rape and Sexual Abuse Ram B.K. (27) of Mu- Laxman Gaire (57) of Bharatpur nicipality-1 was arrested by police for Metropolitan-8 was arrested for rape of rape of a 13 years old girl on 20 may 2019. a 31 years old female on 6 January 2019 The convict in custody by the order of and the case was registered in District Court was handed 23 years of imprison- Court. He was handed imprisonment of ment. eight years by the order of Court.

ALL KINDS OF DISCRIMINATION Acid Attack AGAINST WOMEN Biren Gurung (47) attacked his This year 405 cases of domestic vio- wife Dolma Rumba with acid on 2 Janu- lence were registered in Women, children ary 2019 due to domestic dispute. He and Senior Citizens Service Center; 128 along with others he brought from Pokha- victims of beating and home extrude, 65 ra were involved in the incident. For it, victims of deprivation of food and clothes, Biren along with Hem Thapa (39), Niren 55 victims of polygamy and 157 victims of Gurung (45) and Bibek Gurung (24) of domestic disputes Among them, 291 cases Pokhara were arrested and were sent in were mediated and others were on legal jurisdiction custody. The case was not ad- processing. judged till the end of the year. INSEC documented there were 50 victims of Women Rights violation - 16 ECONOMIC, SOCIAL AND victims of rape, eight attempt to rape, CULTURAL RIGHTS one sexual abuse 16 victims of polygamy, Damage of Property eight victim of woman trafficking and one Ward Office of Kalika Municipality victim of attempt to woman trafficking. -3 was set on arson by an unknown group. One convict of rape was adjudged impris- The incident saw the damage of docu- onment, 11 were in jurisdiction custody, ments, furniture and computer.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal Type of Events Closed Case Incomplete Investigation Total Proceeding Child Trafficking 1 2 3 Rape 3 1 2 22 28 Sexual Abuse 2 8 10 Total 6 1 2 32 41

Nepal Human Rights Year Book 2020 199 WOMEN RIGHTS Legal No Legal Type of Events Closed Case Investigation Total Proceeding Proceeding Attempt to Trafficking 1 1 Polygamy 4 12 16 Rape 1 15 16 Rape Attempt 2 6 8 Sexual Abuse 1 1 Women Trafficking 5 5 Total 7 1 38 1 47 Number of Incidents Type of Events Closed Case Investigation Legal Proceeding Total Killing 2 1 2 5

200 Human Rights Situation of Bagmati Province in 2019