8 Area: 25,905 sq.km. 8 Population: 45,35,943 8 Literacy Rate: 71.17 8 District: 14 8 Electoral Constituency (Parliamentary): 28

8 Electoral Constituency (Provincial): 56

8 Metropolitan City: 1

8 Sub-Metropolitan City: 2

8 Municipality: 46

8 Rural Municipality: 88

8 Total Ward No.: 1,157

Nepal Human Rights Year Book 2020 97 sectors of health, education, drinking rovince-1 has forwarded its water, and employment. The Prov- Pplans and programs with ince has also decided to provide Rs. the slogan, ‘Grandeur of Province 5000 allowance and respect senior Number One, Smiles on all Faces’. It citizens above 90 years of age. has continued on its project of Chief Minister Rural Roads in all 56 Con- Human Rights Situation in 2019 stituencies of 14 Districts. It has for- In this province, 97 people were warded some ambitious projects in victims of violation whereas 755 were its plans and programs; study of fea- victims of human rights abuse accord- sibility of tunnel in -Mulghat ing to INSEC documentation. In this section, road connecting Kechana and province, 335 women were victims in Mount Everest to name few. There incident of violation against women, are plans of mechanization of agri- four were victims of inhumane behav- culture, insurance of agricultural iour, 83 of arrest, 301 of child rights, products, grants for the farmers, and 77 people were killed including to trainings in collaboration with Uni- from state were documented. versity. Government has prioritized

No. of Victims by Incident (In 2019)

By State By Others

98 Human Rights Situation of Province 1 in 2019 1.1 Taplejung

Total Population 1,24,714

Women 66,286

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

There is provision of newspapers, televi- Below Poverty Level 34,066 sion and radio and volleyball.

RIGHT TO PROMPT AND FAIR TRIAL No. of Migrant Workers 9,793 The District Court has the posting of one Judge. In 2019, 54 out of 177 crimi- nal cases were adjudged and 37 out of 101 Population by Disability 3,730 civil cases have been adjudged.

CHILD RIGHTS Literacy above 5 yrs (%) 71.3 Educational Status Student admission campaign is ef- fective and free education till elementary Dependent Population 55,254 level is given. There is provision of free education till class 12. No complaint was here were 20 victims of human filed against free education. Trights violation and abuses in 2019. There were nine victims of child Rape and Sexual Abuse rights violation and three victims of wom- INSEC documented 9 victims of en rights violation. child rights violation including an infant killing in 2019. There was one victim of JAIL AND DETAINEES murder, six victims of rape and three Category ‘E’ District Jail has the victims of sexual abuse. One convict of capacity of 25 prisoners. It has accom- murder was given lifetime imprisonment, modated 133 inmates; 122 convicts and three convicts of rape were adjudged im- 11 detainees. There are no women in the prisonment and penalty and one convict Jail. There is one senior citizen and one was given imprisonment and compen- inmate with mental disability. There is sation to be paid to the family of victim. problem of drinking water and toilet. One convict was sent to the juvenile Care

Nepal Human Rights Year Book 2020 99 By State By Others children and Senior Citizens Service Cen- ter; one victim of deprivation of food and Type of Events clothes, one victim of deprivation of mar- riage certificate and citizenship and 50

Male Total Female Male Total victims of domestic disputes. Fifty cases Arrest 1 1 were mediated. Injured 3 3 As documented by INSEC, in Ta- Killing 3 1 4 plejung, there was one victim of rape, one Rape 6 6 victim of rape attempt and one victim of Child Sexual Abuse 3 3 polygamy. One convict of rape was given Rights imprisonment and penalty, and one was Total 9 9 given exoneration. One was sent in juris- Polygamy 1 1 diction custody. Two convicts of polygamy Women Rape 1 1 was given penalty and imprisonment. Rights Rape Attempt 1 1 Total 3 3 Rape, Attempted Rape and Sexual Abuse Syangbu Sherpa (26) of Triveni Grand Total 1 1 15 4 19 Rural Municipality-3 was arrested for Home. Similarly one convict was exoner- rape attempt of a 23 years old woman on ated and one was sent for jurisdiction cus- 30 January 2019. By the order of District tody. One was on run till the end of the Court on 22 February, he was adjudged year and case of one was not adjudged. imprisonment of eight years six months Two convicts of sexual abuse was ad- and penalty of Rs. 50,000 and compensa- judged imprisonment and compensation tion of Rs. 100,000 to be paid to the victim. and one convict was given the verdict for jail. Number of Incident with Status of Chandra Kami (31) of Phungling Legal Proceeding in 2019 Municipality-2 was arrested by Police for CHILD RIGHTS rape of a 13 years old girl on 3 January Type of Closed Legal 2019. He was sent in jurisdiction custody Total Events Case Proceeding by the order of Court. He was later ad- Rape 4 2 6 judged seven years of imprisonment and a penalty amount of Rs. 50,000. Sexual Abuse 3 3 Total 7 2 9 Murder by Family Members WOMEN RIGHTS Pooja Chemjong (32) of Phungling Type of Closed Legal Total Municipality was arrested for beating and Events Case Proceeding killing her four years daughter, Manika Polygamy 1 1 Limbu on 22 February 2019. The body Rape 1 1 was taken to Ilam Hospital for post mor- Rape Attempt 1 1 tem. The convict was given the verdict Total 2 1 3 of 10 years of imprisonment by District Court. Number of Incidents Type of Closed Investigation Total ALL KINDS OF DISCRIMINATION Events Case AGAINST WOMEN Killing 2 2 4 This year 52 victims of domestic violence registered their cases in Women,

100 Human Rights Situation of Province 1 in 2019 1.2 Sankhkuwasabha

Total Population 1,58,742

Women 84,400

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

Below Poverty Level 33,146 3 females. There is provision of water, toilet, electricity, newspapers, radio and television in the Jail. No. of Migrant Workers 14,863 RIGHT TO PROMPT AND FAIR TRIAL The District Court has the posting Population by Disability 4,054 of one Judge. In 2019, 90 out of 132 crimi- nal cases were adjudged and 181 out of 204 civil cases have been adjudged. There Literacy above 5 yrs (%) 82 were no criminal and civil cases exceeding two years in the court.

Dependent Population 70,630 CHILD RIGHTS Educational Status There are 328 elementary and 70 his year 21 victims of Human secondary schools in Sankhuwasabha. TRights voilations and abuse There are 19 Community Study Centers were documented. There were nine vic- in District. tims of child rights violation and four victims of women right violation. INSEC Rape and Sexual Abuse documented three cadres of banned Com- INSEC documented nine victims of munist party of Nepal arrested by the Po- child rights violation in 2019; one victim lice. of rape, six victims of sexual abuse and two victims of trafficking. Two convicts JAIL AND DETAINEES of rape were in jurisdiction custody by Category ‘D’ District Jail has the the order of District Court and one was capacity of 25 prisoners. It has accom- given exoneration. Two convicts of sexual modated 87 convicts; 83 males and four abuse were in jurisdiction custody, three females and 29 detainees; 26 males and convicts were handed over to the family

Nepal Human Rights Year Book 2020 101 By State By Others ALL KINDS OF DISCRIMINATION AGAINST WOMEN Type of Events A total of 33 women registered cas- es against domestic violence in Women,

Male Total Female Male Total Children and senior Citizens Service Cen- Arrest 3 3 ter. There was one victim of beating and Killing 5 5 house extrude, 15 victims of beating and Child Trafficking 2 2 deprivation of food and clothes, one victim Child Rape 1 1 of deprivation of marriage registration Rights Sexual Abuse 6 6 and citizenship, two victims of polygamy and three victims of general domestic dis- Total 9 9 putes. Three cases were proceeded for le- Rape 4 4 Women gal action and other cases were mediated. Rights Total 4 4 In 2019, there were four victims of Grand Total 3 3 13 5 18 rape in Sankhuwasabha was documented by INSEC. Five convicts of rape were in for being under aged, one was freed on jurisdiction custody by the order of Dis- bail. Similarly, one convict of trafficking trict Court. One convict of sexual abuse was in jurisdiction custody and two were was exonerated. freed on penalty.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Legal Proceeding Total Child Trafficking 1 1 Rape 1 1 Sexual Abuse 6 6 Total 8 8 WOMEN RIGHTS Type of Events Legal Proceeding Total Rape 4 4 Total 4 4 Number of Incidents Type of Events Closed Case Investigation Total Killing 3 2 5

102 Human Rights Situation of Province 1 in 2019 1.3 Solukhumbu

Total Population 1,05,187

Women 54,755

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

Below Poverty Level 26,964 rounds of bullets, two phones, one note book and eight sim cards. He was regis- tered a case for possessing weaponry. By No. of Migrant Workers 5,617 the order of District Judge Amrit Baha- dur Basnet, he was sent for jurisdiction custody. 2,609 Population by Disability JAIL AND DETAINEES Category ‘E’ District Jail has the capacity of 25 prisoners. It has accommo- Literacy above 5 yrs (%) 67.54 dated 84 inmates; 72 convicts and 12 de- tainees. There are seven women and one senior citizen. Dependent Population 45,318 RIGHT TO PROMPT AND FAIR TRIAL The District Court has the posting here were 43 victims of human of one Judge. In 2019, 30 out of 59 crimi- Trights violation and abuses nal cases were adjudged and 37 out of 85 documented this year. There were six vic- civil cases have been adjudged. There are tims of child rights violation and 25 were no criminal and civil cases exceeding two victimized on women rights violation. years in the court.

ARREST CHILD RIGHTS Police arrested six cadres of banned Educational Status Communist Party of Nepal. Five convicts There are 243 community schools were freed and one was kept in jurisdic- and four private schools in Solukhumbu. tion custody till the end of the year. A total of 29,866 students were studying Police arrested Ngima Sherpa (37), in the District. There was no update on cadre of banned Communist Party of Ne- the number of students given scholar- pal of Mahakulung Rural Municipality-1 ships. on 1 November 2019. Police found five

Nepal Human Rights Year Book 2020 103 By State By Others ALL KINDS OF DISCRIMINATION AGAINST WOMEN Type of Events This year 25 cases of domestic vio- lence were registered in Women, children

Male Total Female Male Total and Senior Citizens Service Center; seven Arrest 7 7 victims of beating, two victims of depri- Beatings 2 1 3 vation of food and clothe, two victim of Killing 1 1 deprivation of citizenship and marriage Racial Discrimination 1 1 registration, one victim of polygamy, one Rape 4 4 Child victim related to dowry, two victims of Sexual Abuse 2 2 Rights misbehave and nine victims of domestic Total 6 6 disputes. Police mediated in 17 cases and Domestic 21 21 Violence 11 cases were on legal processing. Women Polygamy 3 3 Rights Rape, Attempted Rape and Sexual Abuse Sexual Abuse 1 1 INSEC documented 25 victims of Total 25 25 Grand Total 7 7 33 3 36 Women Rigts violations of which 21 of domestic disputes, three of polygamy, and Rape and Sexual Abuse one of sexual abuse. Court adjudged im- A fourteen year old boy was arrest- prisonment to two convicts, two were sent ed from his home for rape of a five year in judicial custody and one was on run till old girl on 30 March 2019. He was sent the end of the year. to Juvenile Care Home in for There was on case of racial dis- 18 months by the order of Court and was crimination with one victim in Solukhum- adjudged Rs. 50,000 penalty. bu. The case was mediated in presence of Beating Ward Chairperson. Tirtha Bahadur Rai (37) of Thu- Damage of Property lung Dudhkoshi-6 was filed on 30 Septem- ber 2019 with a case for beating his three A scavator used by Dudhkoshi Hy- children Samyog Rai (9), Amrita Rai (13) dropower project was set on arson by un- and Apana Rai (15). The case was dis- identified group on 15 June 2019. Police cussed by judicial committee of the ward was unable to find the culprit and purpose and after his apology, he was freed in con- of arson till the end of the year. dition to look after his children. Number of Incident with Status of Legal Proceeding in 2019 WOMEN RIGHTS Type of Events Closed Case Legal Proceeding Total Rape 1 3 4 Sexual Abuse 1 1 2 Total 2 4 6 WOMEN RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Domestic Violence 15 6 21 Polygamy 1 2 3 Sexual Abuse 1 1 Total 1 15 2 7 25 Number of Incident Type of Events Legal Proceeding Total Killing 1 1

104 Human Rights Situation of Province 1 in 2019 1.4 Okhaldhunga

Total Population 1,44,680

Women 78,494

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

Below Poverty Level 30,017 tainees. There were four women and four senior citizens. Prisoners are bound to face the problem of space for accommoda- No. of Migrant Workers 10,552 tion and other activities due to crowding. The posting of health worker assigned to the Jail is vacant. Population by Disability 3,490 RIGHT TO PROMPT AND FAIR TRIAL District Court The District Court has the posting Literacy above 5 yrs (%) 64.42 of one Judge. In 2019, 84 out of 100 crimi- nal cases were adjudged and 122 out of 155 civil cases have been adjudged. There Dependent Population 65,758 is one criminal and no civil cases exceed- ing two years in the court. The judicial activities gets halted when Judge sits son NSEC documented 26 victims leave. I(22 females and four males) of human rights violation from others and High Court Okhaldhunga- Biratnagar one male victim from state. Nine girls It has the posting of four Judges. were victims of child rights violation and A total of 176 out of 276 criminal cases 12 females were the victims of women were adjudged and 60 out of 101 civil cas- rights violation. One cadre of banned es were adjudged. The Court are no cases Communist party of Nepal was arrested exceeding two years and two cases one who was later freed by the order of Dis- year old exist. trict Court. CHILD RIGHTS JAIL AND DETAINEES Educational Status Category ‘D’ District Jail has the In 2019, a total of 33,087 students capacity of 25 prisoners. It has accommo- were admitted in community schools; dated 64 inmates; 39 convicts, and 25 de- 24,158 in elementary level and 8,729 in

Nepal Human Rights Year Book 2020 105 By State By Others marriage and corporal punishment. Four convicts of rape were sent for jurisdiction Type of Events custody, next convict of rape was on police custody. One convict of sexual abuse was Male Total Female Male Total exonerated by the Court. Arrest 1 1

Killing 1 3 4 ALL KINDS OF DISCRIMINATION Threats 1 1 AGAINST WOMEN Child Marriage 1 1 This year 36 cases of domestic vio- Corporal lence were registered in Women, children 1 1 Child Punishment and Senior Citizens Service Center; 20 Rights Rape 7 7 victims of beating, extruding and depriva- Total 9 9 tion of food and clothes, three victims of deprivation of marriage registration and Domestic Violence 2 2 citizenship and 13 victims of domestic Polygamy 2 2 Women disputes. Among them 32 caseswere me- Rape 5 5 Rights diated by police and four cases were on Rape Attempt 3 3 legal process. Three victims of extruding Total 12 12 and beating went to Court for further le- Grand Total 1 1 22 4 26 gal punishment of the culprit. INSEC documented 12 victims of secondary level. Okhaldhunga has 259 el- domestic violence, five victims of rape. ementary and 72 secondary schools. Court ordered to send five convicts of rape INSEC documented nine victims and three convicts of rape attempt for ju- of child rights violation in 2019; seven risdiction custody. victims of rape, and one each on child

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal No Legal Type of Events Compromise Total Proceeding Proceeding Child Marriage 1 1 Corporal Punishment 1 1 Rape 7 7 Total 1 7 1 9 WOMEN RIGHTS Type of Events Closed Case Compromise Legal Proceeding Total Domestic Violence 2 2 Polygamy 1 1 2 Rape 5 5 Rape Attempt 3 3 Total 1 2 9 12 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 2 2 4

106 Human Rights Situation of Province 1 in 2019 1.5 Khotang

Total Population 1,97,125

Women 1,05,692

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

verdict of penalty amount of Rs. 50 thou- Below Poverty Level 51,315 sands; however, being unable to deposit, he was sent to custody again. The case was not watched till the end of the year. No. of Migrant Workers 17,662

JAIL AND DETAINEES Category ‘E’ District Jail has the Population by Disability 1,158 capacity of 132 prisoners. It has accom- modated 131 inmates; 101 male convicts, and 26 male detainees. There are four Literacy above 5 yrs (%) 87.2 women and one infant. Prisoners are bound to face the problem of space for ac- commodation and other activities due to Dependent Population 92,214 crowding in men’s cells. There I posting of one senior health personnel in the Jail. here were 16 victims of human Trights abuses from others and RIGHT TO PROMPT AND FAIR TRIAL five victims of violation from state. There The District Court has the posting were seven victims of child rights viola- of one Judge. In 2019, 38 out of 56 crimi- tion and four victims of women rights vio- nal cases were adjudged and 56 civil cases lation. were adjudged. There are no criminal and civil cases exceeding two years in the ARREST court. Chakra Bahadur Khatri (38), member of banned Communist Party of CHILD RIGHTS Nepal was arrested on 15 April 2019 for Educational Status illegally collecting funds in Diktel. Police In 2019, a total of 27,060 girls and filed a case on the very day in District 25,130 boys were admitted in schools. Administration Office and he was sent Nine children of Martyrs family and con- to jurisdiction custody. He was given the flict affected families were given scholar-

Nepal Human Rights Year Book 2020 107 By State By Others sent to Juvenile Care Home. Two convicts of rape attempt were exonerated, one was Type of Events sent for jurisdiction custody and case of one was not adjudged till the end of the

Female Male Total Female Male Total year. One convict of sexual abuse was Arrest 1 4 5 exonerated. One convict of murder was Injured 2 2 given lifetime imprisonment and one was Killing 2 1 3 sent in jurisdiction custody. Rape 5 5 Child Domestic Killing Sexual Abuse 2 2 Rights A complaint was filed against Total 7 7 Dhyan Bahadur Rai (71) for murder of his Polygamy 1 1 wife Ram Kumar Rai (60) of Jantedhunga Women Rape 1 1 Rural Municipality on 13 March 2019. Rights Rape Attempt 2 2 He was arrested by police. The Court ad- judged him with the lifetime imprison- Total 4 4 ment. Grand Total 1 4 5 13 3 16 ECONOMIC, SOCIAL AND ships. There are three disable friendly CULTURAL RIGHTS schools in khotang. Destruction of Property INSEC documented seven victims INSEC documented two cases of of child rights violation in 2019; five vic- arson in 2019. Vehicle of Chairperson of tims of rape, two victims of sexual abuse. Rawabesi Rural Municpality numbered One convict of rape was given lifetime im- Ba 2 Jha 3524 was set on fire. Similarly, prisonment, three convicts were sent for four scavetor of Golden Good Sherpa Con- jurisdiction custody and one was given struction used in Diktel- Chakhewa sec- the exoneration. One convict of rape was on run till the end of the year. One convict Number of Incident with Status of Legal of sexual abuse was sent for jurisdiction Proceeding in 2019 custody by the order of Court and one case CHILD RIGHTS was not adjudged till the end of the year. Type of Closed Legal Investigation Total Events Case Proceeding Rape and Sexual Abuse Rape 1 1 3 5 A 50 years old male of Kepilasgadi Sexual 2 2 Rural Municipality was arrested by police Abuse accusing him of forceful abuse of a nine Total 1 1 5 7 years girl on 11 May 2019. A case was reg- WOMEN RIGHTS Type of istered against him in District Court. He Investigation Legal Proceeding Total was adjudged responsible for the incident Events Polygamy 1 1 and given imprisonment of eight years. Rape 1 1 Rape ALL KINDS OF DISCRIMINATION 2 2 AGAINST WOMEN Attempt INSEC documented one victim of Total 1 3 4 rape, two victims of rape attempt, and Number of Incidents Type of Closed Legal one victim of polygamy. Three convicts of Total rape were exonerated by the order of Dis- Events Case Proceeding trict Court and one being under age was Killing 1 2 3

108 Human Rights Situation of Province 1 in 2019 1.6 Bhojpur

Total Population 1,74,850

Women 93,078

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

Rural Municipality- 2’s Gotlepani Forest Below Poverty Level 44,268 on 21 May 2019. Injured Ghimire was taken to the BP Koirala Health Science Academy, Dharan but was declared dead No. of Migrant Workers 12,198 by the doctors on 22 May. Postmortem of the body was conducted on 25 May. Police had found a homemade pistol, bullets and Population by Disability 4,618 explosives from the deceased.

CLASH Literacy above 5 yrs (%) 69.9 Police constable Sanjiv Kumar Rai (31) originally from Khotang and Nir Ku- mar Rai (37) of banned Communist Party Dependent Population 77,169 of Nepal both died during two way firing between them on 10 July 2019. Family here were 62 victims of hu- of Sanjiv Kumar was given 10 Lakh Rs., Tman rights abuses from others declared martyr and was promoted post and seven victims of violation from state. death by the decision of cabinet of Min- There were 18 victims of child rights vio- isters. Nir Kumar has not received any lation and 29 victims of women rights vio- compensation from anywhere. lation. ARREST CIVIL AND POLITICAL RIGHTS Police arrested Bikash Rai (24), RIGHTS TO DIGNIFIED LIFE Sanjaya Rai (29) and Mahendra Tamang KILLING (47) accusing them of being cadres of Tirtha Raj Ghimire (26) of the banned Communist party of Nepal and Sadananda Municipality- 2, a cadre of being involved in activities disturbing the banned Communist Party of Nepal peace. They were all freed by the order of was shot by the police at Temkemaiyum District Administration Office depositing penalty money of Rs. six thousands each.

Nepal Human Rights Year Book 2020 109 By State By Othes Three children of conflict affected fami- lies, and 2,320 boys and 2,193 girls from Type of Events marginalized class were given schol- arhips.

Male Total Female Male Total INSEC documented 18 victims of Arrest 4 4 child rights violation in 2019 of which 12 Beatings 1 1 2 1 3 of rape and six of sexual abuse. Five cases Injured 1 2 3 of rape were adjudged, convicts of six cas- Killing 2 2 4 5 9 es were sent for jurisdiction custody, two Rape 12 12 convicts of one case was sent to Juvenile Child Care home and one was on run till the end Sexual Abuse 6 6 Rights of the year. Similarly, four girls between Total 18 18 12-17 years of age were victimized by sex- Domestic Violence 13 13 ual abuse. Convict of one case was on run Polygamy 10 10 till the end of the year, convicts of other Women Rape 4 4 two cases were on jurisdiction custody Rights and one case is still not adjudged. Rape Attempt 2 2 Total 29 29 Rape and Sexual Abuse Grand Total 7 7 54 8 62 A case was filed against a 16 years old boy for rape of 6 years old girl on 2 January 2019. He was arrested and the JAIL AND DETAINEES case was registered in District Court by Category ‘D’ District Jail has the Police. The case was adjudged by Judge capacity of 40 prisoners. It has accommo- Haris Chandra Ingnam and given the im- dated 121 inmates; 74 convicts, 44 detain- prisonment of 11 years and penalty of Rs. ees and three dependents. There are 16 60 thousands to be received by victim’s women. Prisoners are bound to face the family. problem of space for accommodation and ALL KINDS OF DISCRIMINATION other activities die to crowding. There is AGAINST WOMEN provision of visit by family members four This year 20 cases of domestic vio- times a week. There are means of recre- lence were registered in Women, children ation in the prison. There is posting of one and Senior Citizens Service Center; five health personnel for health checkup of in- victims of beating, five victims of domes- mates and in need they are taken to the tic disputes and 10 victims of deprivation District Hospital. of food and clothes. Eighteen cases were mediated and two were on legal process. RIGHT TO PROMPT AND FAIR TRIAL INSEC documented 29 victims of The District Court has the posting women rigts violation on 2019 of which of one Judge. In 2019, 57 out of 135 crimi- four victims of rape, two of rape attempt, nal cases were adjudged and 133 out of 13 of domestic violence and 10 of polyg- 225 civil cases have been adjudged. There amy. One case of rape was given verdict are no criminal and civil cases exceeding and convicts of other four cases were on two years in the court. jurisdiction custody.

CHILD RIGHTS Rape, Attempted Rape and Sexual Abuse Educational Status A complaint was filed against Ro- In 2019, a total of 20,848 girls and hit Shrestha (20) for rape attempt of a 21,115 boys were admitted in schools. woman 51 years of age on 27 February

110 Human Rights Situation of Province 1 in 2019 2019. He was arrested from his home of 25 years by the order of District Court, in -5 and a cae Bhojpur. was registered in District Court. He was adjudged imprisonment of four years by ECONOMIC, SOCIAL AND court session of Judge Haris Chandra In- CULTURAL RIGHTS gnam. Damage to Property An unidentified group set on arson Domestic Killing on an excavator of Golden Group Sherpa Police arrested Ramesh Paudel Construction and vehicle of Deputy May- (19) of Paudung Rural Municipality-4 for or of Shadananda Municipality. Convicts murder of his wife Januka Paudel (19) on of both the cases were unidentified till the 9 April 2019. He was given imprisonment end of the year.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Investigation Legal Proceeding Total Rape 3 1 8 12 Sexual Abuse 3 1 2 6 Total 6 2 10 18 WOMEN RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Domestic Violence 8 1 4 13 Polygamy 5 1 4 10 Rape 4 4 Rape Attempt 2 2 Total 15 1 1 12 29 Number of Incidents Type of Events Closed Case Investigation Legal Proceeding Total Killing 5 1 5 11

Nepal Human Rights Year Book 2020 111 1.7 Dhankuta

Total Population 1,62,300

Women 87,817

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

RIGHT TO PROMPT AND FAIR TRIAL Below Poverty Level 25,677 District Court The District Court has the posting of one Judge. In 2019, 11 out of 134 crimi- No. of Migrant Workers 14,415 nal cases were adjudged and 66 out of 135 civil cases have been adjudged. Lack of human resources in the Court has ham- Population by Disability 4,881 pered the legal efficiency.

High Court Literacy above 5 yrs (%) 95 There is posting of four Judges. In 2019, 155 out of 247 criminal cases were adjudged and 24 out of 41 civil cases were Dependent Population 65,909 adjudged.

here were 20 victims of hu- CHILD RIGHTS Tman rights abuses from others Educational Status were documented. There were 13 victims In 2019, 1750 girls and 1493 girls of child rights violation and two victims of from marginalized class received schol- women rights violation. arships along with four conflict affected children. All children were in assess to JAIL AND DETAINEES schools as stated by Education Develop- Category ‘E’ District Jail has the ment Coordination Unit, Dhankuta. capacity of 25 prisoners. It has accom- INSEC documented 13 victims of modated 66 inmates; 52 convicts, 10 de- child rights violation in 2019; seven vic- tainees and four women inmates. There is tims of rape and three victims of sexual one senior citizen. Prisoners are bound to abuse and three of corporal punishment. face the problem of space for accommoda- Three convicts rape were adjudged im- tion and other activities due to crowding. prisonment by the order of District Court, There is provision of health checkup of in- three were on detention for jurisdiction mates once in every three months. 112 Human Rights Situation of Province 1 in 2019 custody and one case was not adjudged By Others till the end of the year. Three convict of Type of Events Female Male Total sexual abuse were on jurisdiction custody. Inhuman Behaviour 1 1 Rape and Sexual Abuse Killing 4 4 Corporal Police arrested Purna Bahadur 3 3 Yakkha (30) of Chaubise Rural Munici- Punishment pality-3 for rape of a five years old girl on Child Rape 7 7 Rights 11 March 2019. The convict in jurisdic- Sexual Abuse 3 3 tion custody was adjudged by the District Total 13 13 Court an imprisonment of eight years. Polygamy 1 1 Women Sexual Abuse 1 1 ALL KINDS OF DISCRIMINATION Rights AGAINST WOMEN Total 2 2 This year 16 cases of domestic Grand Total 15 5 20 violence were registered in Women, chil- Rape, Attempted Rape and Sexual Abuse dren and Senior Citizens Service Center; INSEC documented one each vic- 15 victims of beating and one case of po- tims of sexual abuse and polygamy. The lygamy. Fourteen cases were mediated by convict of the abuse was exonerated by Police and two were on legal process. the order of District Court.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS

Type of Events Closed Case Compromise Legal Proceeding Total

Corporal Punishment 1 1 Rape 3 4 7 Sexual Abuse 3 3 Total 3 1 7 11 WOMEN RIGHTS Type of Events Legal Proceeding Total Polygamy 1 1 Sexual Abuse 1 1 Total 2 2 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 3 1 4

Nepal Human Rights Year Book 2020 113 1.8 Tehrathum

Total Population 97,350

Women 52,993

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

reational material; newspapers, radio, Below Poverty Level 14,677 television, library, football and badmin- ton. Different trainings of self-entrepre- neurship are given to the inmates. No. of Migrant Workers 7,991 RIGHT TO PROMPT AND FAIR TRIAL The District Court has the posting Population by Disability 2,626 of one Judge. In 2019, 24 out of 44 crimi- nal cases were adjudged and 39 out of 89 civil cases have been adjudged. There are Literacy above 5 yrs (%) 68.3 no criminal and civil cases exceeding two years in the court.

Dependent Population 41,079 CHILD RIGHTS Educational Status In 2019, a total of 13,187 girls and n 2019, there were 14 victims 12,922 boys were admitted in schools. Iof human rights violation and There are 169 elementary and 53 second- abbuses were documented by INSEC. Of ary schools. 1,017 boys and 1,088 girls of which, five victims of child rights - viola marginalized class and two children of tion. One man and an infant were mur- conflict affected families were given schol- dered by the family members. Two cad- arships. res of banned Communist party of Nepal INSEC documented five victims of were arrested. child rights violation in which there were three rape and two sexual abuse in 2019. JAIL AND DETAINEES Three convicts of rape were adjudged im- Category ‘E’ District Jail has the prisonment and two being children were capacity of 35 prisoners. It has accom- given exoneration. Other convict was in modated 79 inmates; 73 males and six custody for investigation. Convict of mur- females. There is no efficient service of der of an infant was given lifetime impris- health. The Jail has the provision of rec- onment.

114 Human Rights Situation of Province 1 in 2019 Rape and Sexual Abuse By State By Others A complaint was filed in Area police office against Manu Magar (42) of Aathrai Type of Events Rural Municipalty-5 for the rape of a 12 years old girl on 10 march 2019. He was Male Total Female Male Total Arrest 2 2 arrested by the police and the case was registered in District Court. He was ad- Injured 1 1 judged the imprisonment of 14 years and Killing 1 1 penalty money of Rs. 25,000. Rape 3 3 Child Sexual Abuse 2 2 ALL KINDS OF DISCRIMINATION Rights Total 5 5 AGAINST WOMEN Domestic 3 3 This year 16 cases of domestic vio- Violence lence were registered in Women, children Women Rape 1 1 and Senior Citizens Service Center; three Rights Sexual Abuse 1 1 victims of beating and misbehave, two victims of polygamy and five victims of Total 5 5 threats. Among them 16 cases were medi- Grand Total 2 2 10 2 12 ated. INSEC documented five victims of was sent in jurisdiction custody whose women rights violation. In which one vic- case was not adjudged till the end of the tim of rape, three domestic violence and year. Similarly, one was kept in custody one victim of sexual abuse. One convict for investigation till the end of the year. of rape was given imprisonment and one

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

Nepal Human Rights Year Book 2020 115 1.9 Panchthar

Total Population 1,87,952

Women 1,01,083

No. of Constituency (HoR) 1

No. of Constituency (PA) 2

Below Poverty Level 21,724 pality-3 were murdered on 20 May 2019. Similarly, Ashika Khajum (12), Bam Ba- hadur Fiyak (73), Pircha Hangma Fiyak No. of Migrant Workers 17,842 (73) and Man Kumari Fiyak (26) were also murdered on the same night. Suspect husband of Mankumari, Man Bahadur Population by Disability 5,049 Fiyak was found hanged in near jungle the next day. All the bodies were sent to B.P. Koirala Institute of Health Sciences. Literacy above 5 yrs (%) 72 Sita Limbu (14) was able to escape the carnage by running. Investigations were carried by Central Bureau of Investiga- Dependent Population 79,317 tion, Provincial Police and District Police. Since, suspect was also found dead, the case became more oblivious. here were 53 victims of human Trights abuses from others and ARREST nine victims of violation from state side. In the year 2019, Police arrested There were 25 victims of child rights vio- six cadres of banned Communist Party lation and 17 victims of women rights vio- of Nepal including a child as per INSEC. lation. Three of the Convicts were freed on gen- eral bail and three were adjudged the CIVIL AND POLITICAL RIGHTS penalty amount. RIGHT TO DIGNIFIED LIFE MURDER JAIL AND DETAINEES By Others Category ‘E’ District Jail has the Iksa Sherma (6), Muna Sherma (8), capacity of 25 prisoners. It has accommo- Yuhan Sherma (13), their father Dhanraj dated 162 inmates; 137 convicts, and 25 Sherma (41) and mother Jasmita Fiyak detainees. There are 20 women and four Sherma (36) of Miklajung Rural Munici- dependent children. Inmates are taken to

116 Human Rights Situation of Province 1 in 2019 district Hospital for the treatment. There By State By Others is one senior citizen in the Jail. There are means of recreation and inmates are Type of Events provided two days a week for meeting the relatives. Male Total Female Male Total Abduction 1 1 Death in Jail Arrest 6 6 Three inmates died due to the food Beatings 3 3 poison in Jail during the time of Dashain Killing 9 1 10 in which the prisoners consumed pork. Child Marriage 1 1 The dead inmates were Buddhu Kerung Corporal (25) of Phalelung Rural Municipality-8, 1 1 Child Punishment Jaya Prakash Jabegu of Phidim Mu- Rights Rape 14 14 nicipality-10 and Sundar Kerung (34) of Sexual Abuse 9 9 phalelung Municipality-7. Total 24 1 25

Domestic RIGHT TO PROMPT AND FAIR TRIAL 3 3 Violence The District Court has the posting For Practicing 3 3 of one Judge. In 2019, 93 out of 176 crimi- Women Witchcraft nal cases were adjudged and 179 out of Rights Polygamy 4 4 336 civil cases have been adjudged. There Rape 7 7 are no criminal and civil cases exceeding two years in the court. Total 17 17 Grand Total 9 9 51 2 53 CHILD RIGHTS 2019. He was arrested by the police and Educational Status case was transferred to the district Court. In 2019, a total of 2071 girls and He was adjudged 18 years of jail and 2018 boys were admitted in schools. 39 a penalty amount of Rs. 50 thousands. children of conflict affected families were given scholarships and 1389 boys and ALL KINDS OF DISCRIMINATION 1627 girls of marginalized class were giv- AGAINST WOMEN en the scholarship. There are 310 disable This year 100 cases of domestic friendly schools in the District. violence were registered in Women, chil- INSEC documented 25 victims of dren and Senior Citizens Service Center; child rights violation in 2019; 14 victims 55 victims of beating and house extrud- of rape, two victims of child marriage, one ing, 10 victims of deprivation of food and corporal punishment and nine victims of clothes, 15 victims of polygamy, 10 victims sexual abuse. Three convicts of rape were of threat, three victims of so called witch adjudged imprisonment and penalty, two and seven victims on different violence. were sent to Juvenile Care Home and four Among them 95 cases were mediated and were on jurisdiction custody. One was giv- five were proceeded for legal action. en exoneration. INSEC documented 17 victims of women rights violation which included Rape and Sexual Abuse seven victims of rape, and three victims A complaint was filed in District of domestic, four of polygamy and three police Office against Ekal Lawati (21) of of witchcraft allegation. Two convicts of Kummayak Rural municipality-2 for the rape were given imprisonment and pen- rape of a six years old girl on 26 January alty by the order of District Court and one

Nepal Human Rights Year Book 2020 117 was on jurisdiction custody. Four convicts -14 and Somku- of the case were in judicial process and mar Phago (29) for the rape of a woman one was on run till the end of the year. d 58 years old on 11 May 2019. Police ar- of the year. rested Dhansingh and other were on run. Dnahsingh was adjudged with eight years Rape, Attempted Rape and Sexual Abuse of imprisonment and a penalty amount of A case was filed against Dhan Rs. 20 thousands. Singh Phago (45), Milan Phago (32) of

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Child Marriage 1 1 Corporal Punishment 1 1 Rape 7 2 5 14 Sexual Abuse 3 2 3 8 Total 11 1 4 8 24 WOMEN RIGHTS Type of Events Closed Case Investigation Legal Proceeding Total Domestic Violence 1 1 2 For Practicing Witchcraft 3 3 Polygamy 2 2 4 Rape 3 1 3 7 Total 6 2 8 16 Number of Incidents Type of Events Closed Case Investigation Legal Proceeding Total Killing 2 1 1 4

118 Human Rights Situation of Province 1 in 2019 1.10 Ilam

Total Population 2,93,388

Women 1,52,781

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

JAIL AND DETAINEES Below Poverty Level 21,005 Category ‘D’ District Jail has the capacity of 125 prisoners. It has accom- modated 275 inmates; 211 convicts, and No. of Migrant Workers 6,657 63 detainees. There are 22 women and eight senior citizens. There are 10 foreign inmates; nine convicts and one detainee. Population by Disability 7,636 There is provision of telephone for the use of inmates in the Jail. There are means of recreation in the prison. Literacy above 5 yrs (%) 97 RIGHT TO PROMPT AND FAIR TRIAL District Court Dependent Population 1,07,324 The District Court has the posting of one Judge. In 2019, 198 out of 315 crim- inal cases were adjudged and 420 out of here were 29 victims of human 623 civil cases have been adjudged. There Trights abuses from others and are no criminal and civil cases exceeding three victims of violation from state side two years in the court. were documented. There were 12 victims High Court Biratnagar- Ilam of child rights violation and 14 victims of It has the posting of four Judges. women rights violation. The court has adjudged 733 out of 1,331 criminal cases and 232 out of 444 civil ARREST cases. There are no cases exceeding two In the year 2019, Police arrested years in this court. three cadres of banned Communist Party of Nepal were documented by INSEC. CHILD RIGHTS Proving of non –involvement in party, Educational Status one convict was freed and two others were In 2019, a total of 7,571 girls and freed after they assured to terminate the 7,520 boys were admitted in primary relation with party. schools. There are 201 disable friendly

Nepal Human Rights Year Book 2020 119 By State By Others and Senior Citizens Service Center; one victim of beating, 10 victims of misbe- Type of Events have, four victims of mental and physical torture and six victims of misunderstand-

Male Total Female Male Total ing. Thirty six cases were mediated by Po- Arrest 3 3 lice. One case was again filed which was Killing 2 1 3 later mediated. Rape 9 9 INSEC documented 14 victims Child Sexual Abuse 3 3 of women rights violation; six victims of Rights Total 12 12 rape, and two victims of domestic killings. Two convicts of rape were given impris- Polygamy 8 8 Women onment and penalty. One was exonerated Rape 6 6 Rights and four are in judicial custody. Total 14 14 Grand Total 3 3 28 1 29 Rape, Attempted Rape and Sexual Abuse Aadesh Rai (20) originally from schools in Ilam. Children from margin- Phidim, Panchthar was arrested by police alized class have been given the scholar- for rape of 30 years old mentally disable ships. Scholarship money of Rs. four lakhs girl on 6 April 2019. He was adjudged im- thirty four thousands have been allocated prisonment of seven years and 40 thou- for distribution to children from conflict sand penalty money to be paid as compen- affected families. sation to the victim. INSEC documented 12 victims of child rights violation in 2019; nine victims Domestic Killing of rape, three victims of sexual abuse. Police arrested Som Bahadur Gu- Two convicts of rape were adjudged pen- rung (35) for murder of his wife Nirmaya alty, compensation and imprisonment, Gurung (35) of Sandakpur Rural Munici- three were given the verdict with jail and pality-5. The convict was filed a case by compensation for the victim. One child police in District Court. He was adjudged was handed over to the family and three guilty and given 11 years of imprison- were on jurisdiction custody. Two convicts ment and penalty of Rs. one lakh ten of sexual abuse were sent for jurisdiction thousands. custody. Number of Incident with Status of Legal Rape and Sexual Abuse Proceeding in 2019 A complaint was filed against CHILD RIGHTS Type of Closed Legal Gopal Rai (26) in District Police Office Total for the rape of a 14 years old girl on 24 Events Case Proceeding Rape 5 4 9 February 2019. He was arrested from his Sexual Abuse 3 3 home in Phakphokthum Rural Municipal- Total 5 7 12 ity-6. The case was registered in district WOMEN RIGHTS Court and he was sent in jurisdiction cus- Type of Closed Legal Investigation Total tody. The Court later adjudged him with Events Case Proceeding 18 years of imprisonment and penalty Polygamy 2 6 8 amount of Rs. 50 thousands. Rape 2 4 6 Total 2 2 10 14 ALL KINDS OF DISCRIMINATION Number of Incidents AGAINST WOMEN Type of Closed Legal Proceeding Total This year 37 cases of domestic vio- Events Case lence were registered in Women, children Killing 2 1 3

120 Human Rights Situation of Province 1 in 2019 1.11 Jhapa

Total Population 8,69,064

Women 4,65,092

No. of Constituency (HoR) 5

No. of Constituency (PA) 10

Birtamode. Police during the duty were Below Poverty Level 85,736 given departmental punishment after the boy killed himself in custody. The family of the boy did not seek any legal help and No. of Migrant Workers 80,625 did not register case for the incident.

ARREST Population by Disability 15,376 In the year 2019, Police arrested 30 cadres of banned Communist Party of Nepal as per INSEC. Eleven of the Literacy above 5 yrs (%) 77.7 Convicts were freed by the order of District Court, three were sent to Jail after being incapable of depositing penalty money Dependent Population 3,52,006 and 15 convicts were released on penalty by the order of District Administration n 2019, 200 victims of human Office. Irights violation and abuses Police arrested cadres of banned were documented by INSEC. Of which, Communist Party of Nepal, Prabin Mishra 70 victims including one boy from child (34) and Tika Pokharel (44). District rights violation and 85 from women rights Court released Mishra with penalty of Rs. violation. Two women were murdered by one lakh and Pokharel with Rs. 50,000. family members. INSEC also documented Incapable of depositing penalty money, 30 victims of arrests and death of a child they were sent to the Jail. in police custody. JAIL AND DETAINEES DEATH IN POLICE CUSTODY Category ‘D’ District Jail has Kiran Karki Dholi Darji (15) the capacity of 350 prisoners. It has of -6 died in accommodated 488 convicts, and 661 police custody on 15 April 2019. He detainees. There are seven dependent was in custody accused of stealing in children. Prisoners are bound to face the

Nepal Human Rights Year Book 2020 121 By State By Others 121,627 boys were admitted in schools. Eight three children of Martyrs family Type of Events and conflict affected families were given scholarships. Even the education up to

Male Total Female Male Total class 12 is free, it has not been realized Abduction 1 1 and fees are collected on different Arrest 30 30 headings. Death in Detention 1 1 INSEC documented 70 victims of Inhuman Behaviour 1 1 child rights violation in 2019; 47 victims Injured 2 1 3 of rape, and 22 victims including one Killing 3 5 8 boy of sexual abuse. One convict of rape Threats 1 1 was given imprisonment, 15 were on Child 1 1 jurisdiction custody, one was exonerated, Trafficking Child Rape 47 47 five were sent to Juvenile Care Home, two Rights were handed over to family and one was Sexual Abuse 21 1 22 on run till the end of the year. Proved to be Total 69 1 70 Attempt to a fake case, the fraud was adjudged with 11 11 Trafficking penalty by district Court. One convict of Domestic sexual abuse was given imprisonment, 1 1 Violence three were freed on penalty, one was For Practicing 3 3 handed over to the family and one was on Witchcraft run till the end of the year. Women Polygamy 19 19 Rights Rape 36 36 Rape and Sexual Abuse Rape Attempt 8 8 A complaint was filed against Sexual Abuse 1 1 Bimal Hasda (31) of Mechinagar Women 6 6 Municipality-15 for rape of 15 years old Trafficking girl on 4 February 2019. He was found Total 85 85 guilty and by the order of District Court Grand Total 31 31 159 10 169 wasgiven imprisonment of 13 years and penalty amount of Rs. 50 thousands. problem of space for accommodation and other activities due to crowding. Inmates ALL KINDS OF DISCRIMINATION Hirakumari Dahal (47), Nitya Ratna AGAINST WOMEN shakya (68), Lal Bahadu Pariyar (74) This year 185 cases of domestic and Anil Urau (26) died in the Jail due to violence were registered in Women, different diseases. children and Senior Citizens Service Center; 25 victims of beating and house RIGHT TO PROMPT AND FAIR TRIAL extruding, 10 victims related to dowry97 The District Court has the posting victims of domestic disputes, 15 victims of six Judges. In 2019, 188 out of 1166 of polygamy, 10 victims of deprivation criminal cases were adjudged and 457 out of marriage registration and citizenship of 1895 civil cases have been adjudged. and 28 victims of deprivation of food and There are 42 criminal and 65 civil cases clothes. Among them police mediated 140 exceeding two years in the court. cases and 45 cases were proceeded for legal action. CHILD RIGHTS INSEC documented one victim Educational Status domestic violence, 36 victims of rape, In 2019, a total of 117,741 girls and eight victims of attempted rape, six

122 Human Rights Situation of Province 1 in 2019 victims of trafficking, three victims of custody, one was freed on penalty and one witchcraft allegation and one victim was on run. of sexual abuse. Five convicts of rape A case was filed in Area Police were given imprisonment, 12 were on Office, kakarvitta against Indra Bahadur jurisdiction custody, one was sent to jail Limbu (23) of Mechinagar Municpality-5 for being incapable of depositing penalty for rape of a woman of 76 years old on 13 money, four were given exoneration and February 2019. He was arrested by police one was on run till the end of the year. and a case was registered in District Court against rape. Found guilty, he was Rape, Attempted Rape and Sexual Abuse adjudged the imprisonment of five years. One convict of rape attempt was given imprisonment, four were on Domestic Killing jurisdiction custody, one was handed over Lakhindra Rajbanshi (34) was to the family members being child and one arrested by Police for killing his wife was on run till the end of the year. Eleven Champali Rajbanshi (34) of Mechinagar convicts of trafficking were on jurisdiction Municipality on 26 February 2019. A custody, one was freed on penalty and two case was registered in District Court were on run till the end of the year. Two against murder. He was adjudged the convicts of witchcraft were on jurisdiction imprisonment of 25 years by the Court.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Investigation Legal Proceeding Total Child Trafficking 1 1 Rape 1 3 43 47 Sexual Abuse 1 1 17 19 Total 2 5 60 67 WOMEN RIGHTS Type of Events Closed Case Investigation Legal Proceeding Total Attempt to Trafficking 1 7 8 Domestic Violence 1 1 For Practicing Witchcraft 3 3 Polygamy 5 14 19 Rape 6 2 28 36 Rape Attempt 2 1 5 8 Sexual Abuse 1 1 Women Trafficking 2 2 Total 8 11 59 78 Number of Incidents Type of Events Closed Case Investigation Legal Proceeding Total Killing 2 2 4 8

Nepal Human Rights Year Book 2020 123 1.12 Morang

Total Population 10,19,421

Women 5,33,937

No. of Constituency (HoR) 6

No. of Constituency (PA) 12

Shrestha (38), In charge of Morang Com- Below Poverty Level 1,58,261 mittee of banned Communist Party of Nepal on 27 March 2019. Family of the convict filed a case in Supreme Court No. of Migrant Workers 17,053 which was dismissed by the Court. He was ordered by District Court of Sunsari to deposit Rs. 50,000 penalty unable to do Population by Disability 6,215 so was sent to Jail. He was freed on 26 August depositing the assigned penalty.

Literacy above 5 yrs (%) 86 Misbehave Accused of misbehaving Dr. Sunil Babu Adhikari (35) of Koshi Zonal Hos- Dependent Population 3,98,519 pital, Binod Raya (30), Umesh Raya (30), Jagawat Sahani (25) and Pramod Raya (25) of Jahada Rural Municipality-3 were here were 151 victims of hu- arrested on 6 April 2019 and filed case Tman rights violations and against misbehave in the Court. All the abuses were documented by INSEC, of convicts were freed depositing penalty which 135 from others and 16 from state amount of Rs. 3,000 each. side in 2019. One male and three females faced the allegation of witchcraft. JAIL AND DETAINEES District Jail has the capacity of 300 ARREST prisoners. It has 920 inmates; 89 females and 831 males. There are six children be- In the year 2019, Police arrested low three year of age. There is crowding 16 cadres of banned Communist Party of and this has created problem of accom- Nepal. Three of them were exonerated, modation in the Jail. There is provision of one was freed depositing penalty, one was a health personnel and in critical cases, freed from Supreme Court Case, five were the inmates are taken to Zonal Hospital. in jurisdiction custody and four were in There is provision of meeting with rela- police custody till the end of the year. tives four times a week. The jail has facili- Police arrested Krishna Kumar

124 Human Rights Situation of Province 1 in 2019 tied of drinking water, toilet, newspapers, By State By Others radio, and television. Type of Events RIGHT TO PROMPT AND FAIR TRIAL

District Court Male Total Female Male Total The District Court has the posting Arrest 16 16 of eight Judges. In 2019, 925 out of 1885 Beatings 7 7 criminal cases were adjudged and 497 out Inhuman Behaviour 1 1 2 of 1377 civil cases were adjudged. There Injured 1 1 are 12 criminal and 24 civil cases exceed- Killing 7 2 9 ing two years in the court. Child Labour 1 1 High Court Child Trafficking 2 1 3 Corporal There is posting of 12 Judges in 1 1 Child Punishment High Court. A total of 1468 out of 2120 Rights criminal cases and 3003 out of 4239 civil Rape 32 32 cases. There were five criminal and 15 civ- Sexual Abuse 22 1 23 il cases exceeding two years in the Court. Total 58 2 60 Attempt to 1 1 INHUMAN BEHAVIOR Trafficking Police arrested Tunka Khawas Domestic Violence 7 7 (63), Shyam Lal Khawas (35), Ram Ku- For Practicing 3 3 mar Khawas (31), and Shashikala Kha- Witchcraft was (30) of Sundar Haraicha Municipality Women Polygamy 14 14 were arrested for misbehaving a 50 years Rights Rape 16 16 old woman and her 60 years old husband Rape Attempt 10 10 for witchcraft on 24 April 2019. The Con- Sexual Abuse 1 1 victs were in jurisdiction custody by the Women 4 4 order of Court. The Court finding them Trafficking guilty adjudged the punishment to all the Total 56 56 convicts. Shyam, Tunka and Shashikal Grand Total 16 16 122 13 135 were handed one year Jail and penalty of Rs. 10000 each and Shyam Kumar was Rape and Sexual Abuse given imprisonment of five years, 50000 Chandra Mani Acharya (25) of penalty and 25000 compensation to be -3 was arrested paid to the victim. for rape of a 13 years old girl on 9 March 2019. The convict was sent in jurisdiction CHILD RIGHTS custody and later by the order of Court, he Educational Status was adjudged 14 years of imprisonment In 2019, a total of 9836 girls and and penalty of Rs. 20,000. 1518 boys were admitted in community Kanchan Dewan (26) of Letang schools. There are 585 elementary and Municipality-2 was arrested by police for 316 secondary schools. Scholarships were sexually abusing a nine years old girl on distributed to 31 children of conflict af- 20 January 2019. The convict was ad- fected families. Free education up to class judged with 16 years of imprisonment and 8 was realized. However, free education compensation of Rs. 25,000 to be paid to up to class 12 was still not effective. the victim. INSEC documented 60 victims of child rights violation in 2019. There were Rape and Murder 32 victims of rape, one victim of murder Corpse of Rupmat Das (10) of Bi- after rape, 23 victims including one boy of ratnagar Metropolitan-8 was found killed sexual abuse, three victims of trafficking and thrown at the bank of Singiya River and one victim of child labor. on 27 January 2019. She went to watch

Nepal Human Rights Year Book 2020 125 television to neighbor and after she was were on run. Similarly, seven convicts late, family members started searching of rape were in jurisdiction custody, two for her. Accused of the murder, Chandu were on run, one was exonerated, three Mahato (19), and Abbas Ansari (25) were were adjudged, three were freed deposit- arrested. Both of them were in jurisdic- ing penalty and in one case Court ordered tion custody and the case was not ad- police to show the proof. Similarly, three judged till the end of the year. convicts of rape attempt were in jurisdic- tion custody and three were on run. One ALL KINDS OF DISCRIMINATION convict was exonerated. Three convicts of AGAINST WOMEN trafficking were in jurisdiction custody This year 66 cases of domestic vio- and one was on run. Five convicts of do- lence were registered in Women, children mestic dispute were released, four were in and Senior Citizens Service Center; 31 jurisdiction custody, six cases were medi- victims of beating, 15 victims of depriva- ated, two were adjudged by the court and tion of food and clothes, and 20 victims of two convicts were on run. domestic disputes. Among them, 58 cases were mediated and eight wee in legal pro- Rape, Attempted Rape and Sexual Abuse cessing. Ghanshyam Das (25) of Bode Bar- INSEC documented 56 victims of sai municipality-6 was arrested by police women rights violation in 2019; four vic- for rape of a 22 years old girl on 30 Janu- tims of murder by family members, 16 vic- ary 2019 and case was registered in Dis- tims of rape, 10 victims of rape attempt, trict Court. The Court adjudged the con- four victims of trafficking, three victims vict with an imprisonment of three years of witchcraft allegation and seven victim six months and Rs. 15,000 compensation of domestic violence. Two convicts of mur- to be received by the victim. der wee in jurisdiction custody and three

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Child Labour 1 1 Child Trafficking 1 2 3 Corporal Punishment 1 1 Rape 5 1 26 32 Sexual Abuse 3 5 15 23 Total 9 1 7 43 60 WOMEN RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Attempt to Trafficking 1 1 Domestic Violence 1 6 7 For Practicing Witchcraft 3 3 Polygamy 3 11 14 Rape 2 3 11 16 Rape Attempt 3 7 10 Sexual Abuse 1 1 Women Trafficking 4 4 Total 3 6 9 38 56 Number of Incidents Type of Events Investigation Legal Proceeding Total Killing 2 7 9

126 Human Rights Situation of Province 1 in 2019 1.13 Sunsari

Total Population 7,33,939

Women 3,81,563

No. of Constituency (HoR) 4

No. of Constituency (PA) 8

Party of Nepal. Laxman Poudel (31) Sun- Below Poverty Level 89,888 sari in-charge of the banned Communist Party of Nepal was arrested by the police on 23 September 2019. He was taken to No. of Migrant Workers 50,281 the Area Police Office of for- in vestigation. Later, he was released by the District court on the bail of Rs 2,500. Population by Disability 10,409 Immediately after the release, he was re- arrested from the premises of the court and taken to Jhapa. From there he was Literacy above 5 yrs (%) 64.46 released on bail of Rs 100,000. Again af- ter that he was rearrested and charged another case at Jhapa. From there too he Dependent Population 3,24,036 was released on bail of Rs 25,000 but was arrested again and sent to Sunsari. Till here were 66 victims of Hu- the end of this year, Poudel is in police Tman Rights violation and custody. abuses were documented by INSEC. Of JAIL AND DETAINEES which, 30 victims of Child Rights viola- Category ‘D’ regional Jail has the tion which included 27 rapes and three capacity of 1006 prisoners. It has accom- sexual abuse. There were 30 victims of modated 1723 inmates; 1111 convicts, Women Rights violation which included and 612 detainees. There are no women, six rape, two attempt to rape, six sexual dependent children and senior citizen. abuse, 12 domestic violence and two po- Four inmates died in Jail in 2019; Dam- lygamy. There were also one each, allega- bar Karki, Bharat B.K., Manoj Chaud- tion of witchcraft and attempt to women hary and Ram Kisan Barahi. trafficking.

ARRESTS RIGHT TO PROMPT AND FAIR TRIAL In the year 2019, police arrested The District Court has the posting seven cadres of the banned Communist of 10 Judges of which eight are working.

Nepal Human Rights Year Book 2020 127 By State By Others till the end of the year. One accused of sexual abuse were given imprisonment, Type of Events two were in judicial custody and one was given clearance. Male Total Female Male Total Arrest 1 1 Rape and Sexual Abuse Injured 1 1 Police arrested Jitendra Mehta Killing 2 1 3 (22) of Koshi Rural Municipality-7, Hari- Right to Assembly 1 1 pur in accusation of raping a 16-year-old Rape 27 27 girl on 19 January 2019. The victim was Child Sexual Abuse 3 3 raped on 18 January. Her health checkup Rights Total 30 30 was conducted on 19 January. He was ad- Attempt to judged eight years of imprisonment by the 1 1 Trafficking order of Court on 21 November. Domestic Violence 12 12 For Practicing 1 1 ALL KINDS OF DISCRIMINATION Witchcraft Women AGAINST WOMEN Rights Polygamy 2 2 This year 595 cases of domestic Rape 6 6 violence were registered in Women, chil- Rape Attempt 2 2 dren and Senior Citizen Service Center; Sexual Abuse 6 6 407 victims of domestic disputes, 14 vic- Total 30 30 tims of polygamy, 45 victims of depriva- Grand Total 2 2 63 1 64 tion of marriage certificate, four victims of dowry, and 87 victims of deprivation of In 2019, 599 out of 1,845 cases were ad- food and clothes. judged and 1,186 out of 2,804 civil cases INSEC documented 30 victims of were adjudged. There were 146 criminal Women Rights violation in which 12 vic- and 303 civil cases exceeding two year in tims were of domestic violence, six victims the Court. of rape, two victims of rape attempt, six of sexual abuse, one victim of trafficking CHILD RIGHTS attempt, and one victim of witchcraft al- Educational Status legation. There were two victims of polyg- In 2019, a total of 8023 girls and amy. One accused of rape was adjudged 9047 boys were admitted in schools. jail, four were on judicial custody and five There are six disability friendly schools in were given exoneration. One accused had District. A total of 118 children of Martyrs absconded till the end of the year. The family and conflict affected families were convict of case of witchcraft was given im- given scholarships. prisonment. There was documentation of 30 vic- tims of child rights violation by INSEC in WITCHCRAFT ALLEGATION which 27 victims were of rape and three A 61-year-old woman accused of sexual abuse. Two convicts of rape were for witchcraft was beaten inhumanly by adjudged imprisonment, 15 accused were Pawan Lal Sharma (35) of Inaruwa Mu- kept for judicial custody, four were given nicipality-10 on 27 April 2019. He was ar- exoneration, three were sent to Juvenile rested by police and case was filed in Dis- Rehabilitation Center, one was handed trict Court. The Court handed him with over to the parents and five were on run jail sentence of six months.

128 Human Rights Situation of Province 1 in 2019 ECONOMIC, SOCIAL AND monetary damage of Rs. 20,000 was ex- CULTURAL RIGHTS pected. Similarly, a bomb was blasted by Destruction of Property unknown group in Godawari Susma Col- A bomb was blasted in Delhi Public lege of Itahai Sub- Metropolitan on 6 Sep- School of Dharan Sub- Metropolitan by an tember 2019 damaging property worth Rs unknown group on 6 September 2019. A 20,000.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Type of Events Closed Case Investigation Legal Proceeding Total Rape 2 5 20 27 Sexual Abuse 3 3 Total 2 5 23 30 WOMEN RIGHTS Closed Legal No Legal Type of Events Compromise Investigation Total Case Proceeding Proceeding Attempt to Trafficking 1 1 Domestic Violence 7 2 2 11 For Practicing 1 1 Witchcraft Polygamy 1 1 2 Rape 6 6 Rape Attempt 1 1 2 Sexual Abuse 1 3 1 1 6 Total 2 10 4 12 1 29 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 1 1 2

Nepal Human Rights Year Book 2020 129 1.14 Udayapur

Total Population 3,30,613

Women 1,78,450

No. of Constituency (HoR) 2

No. of Constituency (PA) 4

of them, three were released by the Dis- Below Poverty Level 81,618 trict Administration Office (DAO) after committing to quit the party and the two remained in police custody. No. of Migrant Workers 22,060 CLASH There was clash between locals and Population by Disability 7,781 Police on 19 November 2019 after the dis- pute arose in extraction of river resources in -4 Lal Bajar. It led Literacy above 5 yrs (%) 65 to injuries of 10; three police and seven others. The injured received their treat- ment in District Hospital. Dependent Population 1,46,684 JAIL AND DETAINEES Category ‘E’ district jail has the ca- here were 106 victims of Hu- pacity of 50 prisoners. It has accommodat- man Rights violation and T ed 134 convicts and 67 detainees. There abuse were documented by INSEC. Of are seven dependent children and five se- which, 28 victims of Child Rights viola- nior citizens. There is problem of space for tion including 20 of rape, six of sexual accommodation. Due to absence of care abuse, one corporal punishment and one givers in home, seven children are bound child marriage. There were 49 victims of to live with their mothers in the Jail. Women Rights violation which includs 14 rape, three attempt to rape, two sexual RIGHT TO PROMPT AND FAIR TRIAL abuse, 15 domestic violence and 15 of po- The District Court has the post- lygamy. ing of two Judges. In 2019, 366 out of 488 criminal cases were adjudged and 507 ARREST out of 776 civil cases have been adjudged. Police arrested five cadres of the There are no criminal and civil cases ex- banned Communist Party of Nepal. Out ceeding two years in the court.

130 Human Rights Situation of Province 1 in 2019 CHILD RIGHTS By State By Others Educational Status In 2019, a total of 14192 girls and Type of Events 15020 boys were admitted in schools.

Newly constructed schools in the District Female Male Total Female Male Total Abduction 1 1 are disable friendly. Nine children of con- flict affected families were given scholar- Arrest 1 3 4 ships. Student admission campaign was Beatings 3 3 actively carried out with special attention Injured 6 6 4 4 to children from poor and marginalized Killing 7 4 11 classes. Child Marriage 1 1 INSEC documented 28 victims of Corporal 1 1 child rights violation which included one Punishment child marriage, 20 rapes, one corporal Child Rights Rape 20 20 punishment, six sexual abuse in 2019. Sexual Abuse 6 6 Five convicts of rape were given impris- onment by the order of Court, 11 were on Total 27 1 28 Domestic jurisdiction custody, one was given exon- 15 15 eration, one was freed on penalty and two Violence were on run till the end of the year. Six Polygamy 15 15 convicts of sexual abuse were adjudged Women Rape 14 14 Rights imprisonment, one was freed on penalty, Rape Attempt 3 3 one was sent to Juvenile Care Home, one Sexual Abuse 2 2 was exonerated and one was on run till Total 49 49 the end of the year. Grand Total 1 9 10 84 12 96 Rape and Sexual Abuse INSEC documented 49 victims Police arrested Ram Bahadur B.K. of women rights violation including 14 (45) of -6 for rape of rapes, three rape attempt, 15 polygamy, a six years old girls on 30 January 2019 15 domestic violence, two sexual abuse. and the case was registered in District Five convicts of rape were adjudged im- Court. He was adjudged the Jail of 16 prisonment by Court, five were on juris- years and compensation of 25 thousands diction custody, one was freed on penalty to be paid to the family of victim. and six were exonerated. Two convicts of rape attempt were given imprisonment, ALL KINDS OF DISCRIMINATION one was on jurisdiction custody, one was AGAINST WOMEN freed on penalty and two were exoner- This year 172 cases of domestic vio- ated. lence were registered in Women, children and Senior Citizens Service Center; 38 Rape, Attempted Rape and Sexual Abuse victims of beating and home extrude, 19 Raju Rai (37) of Baraha Chhetra victims of deprivation of food and clothes, Municipality-8 was arrested for rape of a 59 victims of misbehave and 56 victims 37 years old woman on 8 January 2019. of domestic disputes. Further, there were His case was registered in District Court. 17 victims of polygamy and two victims He was adjudged the imprisonment of 12 of child marriages. Police mediated 157 years by the order of District Judge Manoj cases and 15 were on legal processing. K.C.

Nepal Human Rights Year Book 2020 131 Domestic Killing was arrested and a case was registered in A complaint was filed against Ra- District Court. He was adjudged the im- mesh Rai (45) for murder after beating of prisonment of 25 years by district Judge his wife Subhadra Budhathoki (34). He Dipak Khanal.

Number of Incident with Status of Legal Proceeding in 2019 CHILD RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Child Marriage 1 1 Corporal Punishment 1 1 Rape 7 13 20 Sexual Abuse 4 1 1 6 Total 12 1 1 14 28 WOMEN RIGHTS Legal Type of Events Closed Case Compromise Investigation Total Proceeding Domestic Violence 1 5 9 15 Polygamy 9 1 5 15 Rape 4 10 14 Rape Attempt 2 1 3 Sexual Abuse 1 1 2 Total 17 5 1 26 49 Number of Incidents Type of Events Closed Case Legal Proceeding Total Killing 4 6 10

132 Human Rights Situation of Province 1 in 2019