Final Report BASELINE SURVEY ON VIOLENCE AGAINST WOMEN AND CHILDREN OF FIVE PROJECT DISTRICTS Submitted To POLICE HEAD QUARTER CRIME INVESTIGATION DEPARTMENT DIRECTORATE OF WOMEN AND CHILDREN SERVICE KATHMANDU, NEPAL Business Promotion Research and Communication Pvt. Ltd. (BPRC) Putalisadak, Kathmandu, Nepal Tel # 0977-01-4442853/4436617, Fax # 0977-01-4436617 Post Box # 19006, Email # [email protected] September 2011 ACKNOWLEDGEMENTS Business promotion Research and communication Pvt. Ltd. (BPRC) is involved in the field of consultancy, among others, in several areas. During its history for the last decade, it has undertaken several studies of this kind. BPRC is pleased to undertake this study on Baseline Survey on Violence against Women and Children of 5 Project Districts. The report includes a series of explorations about the situation of crime/violence against children and women in the survey districts (magnitude, types of violence, perpetrators, and places of violence, knowledge and awareness of the crime/violence among community people). BPRC expresses its gratitude to Police Head Quarter Crime Investigation Department Directorate of Women and Children Service for bestowing upon us the responsibility of conducting this study. The whole research has been conducted under the continuous guidance and support of Police Head Quarter Crime Investigation Department Directorate of Women and Children. BPRC would like to express deep appreciation to Bimala Thapa, DIGP, Police Head Quarter Crime Investigation Department Directorate of Women and Children Service who provides guidance and suggestions throughout the survey period and report writing. BPRC acknowledges with gratitude the contribution made by Dr. Govinda Subedi, principal investigator who has provided his valuable contribution for steering the whole task of conducting survey till its conclusion. In addition, BPRC conveys its appreciation to the contribution made by other Team Members who are contributing in the survey as researchers - Mr. Shiva Prasad Khanal, Ms. Rasmila Shakya, Mr. Kamal Thapa Kshetri, Ms. Rukamanee Maharjan, Ms. Pravinata Osti and Mr. Sailendra Dangol. Bashu Dev Pandey Managing Director BPRC, Putalisadak, Kathmandu i STUDY TEAM Mr. Bashu Dev Pandey Project Director Dr. Govind Subedi Principle Investigator Ms. Rasmila Shakya Researcher Mr. Kamal Thapa Kshetri Researcher Mr. Shiva Prasad Khanal Researcher Ms. Rukamanee Maharjan Researcher Ms. Pravinata Osti Researcher Mr. Sailendra Dangol Researcher Mr. Shanti Bikash Poudyal Management Expert Mr. Upendra Mahat Computer Operator Mr. Purushottam Aryal Field Supervisor ii Abbreviation BPRC - Business Promotion Research & Communication Pvt. Ltd. CEDAW - Convention on Elimination of All Forms of Discrimination against Women CEI - Client Exit Interview CS - Case Study DPO - District Police Office DRG - Diagnosis Related Group DSP - Deputy Superintendent of Police DWC - Department of Women and Children EWCSCP - Establishing Women and Children Service Centre Project FGD - Focus Group Discussion FY - Fiscal Year GBV - Gender Based Violence GoN - Government of Nepal GOs - Government Organnization HI - Household Interview HIV - Human immunodeficiency virus HRO - Human Right Organization INSEC - Informal Sector Service Center KII - Key Information Interview MWCSF - Ministry of Women Children and Social Welfare NGOs - Non-Governmental Organizations N - Total Number of Respondents n - Number of Respondents in particular Level NWC - National Women Commission OAG - Office of the Attorney General SC - Supreme Court TOR - Terms of Reference VAW - Violence Against Women VDC - Village Development Committee WCD - Women and Children Department WCSC - Women and Children Service Centers iii District Covered by Baseline Survey on Violence against Women and Children of five Project District iv Study District v vi vii viii ix TABLE OF CONTENTS SN Title Page Acknowledgements i Study Team ii Abbreviation iii District Covered by Baseline Survey iv Study District v Table of Contents vi List of Tables viii List of Box x Executive Summary xi Chapter 1 Introduction 1.1 The Context of Baseline Survey 1 1.2 Objectives of the Baseline Survey 2 1.3 Methodology 3 Chapter 2 Towards the Understanding the Crimes and Violence against Women and Children in Nepal 2.1 Legal Framework 8 2.2 Situation of Crime/Violence against Women and Children in Nepal 10 2.3 Review of Past Literature 13 Chapter-3 Situation of Violence against Women and Children in the Survey Districts 3.1 Incidence and Types of Crime and Violence 16 3.2 Number of Registered, Conviction, Acquittal and Pending Crime Cases 20 in the District Courts 3.3 Level of Awareness and Knowledge on Crime/Violence against Women 23 and Children among Community People 3.4 Awareness on Causes and Consequences of Crime/Violence on 28 Victims' Lives x SN Title Page 3.5 Level of Awareness on Legal Procedures for Combating Crime and 29 Violence against Women and Children Chapter-4 Service Delivery Mechanisms and Quality of Service Delivered 4.1 Access to Service Delivery Mechanisms 32 4.2 Effectiveness of the Delivery Mechanism 35 4.3 Capacity and Skills of Service Providers 38 4.4 Quality of Services Provided to the Target Population 38 4.5 Investigating the Current Status of Cases of Crime Settled 40 Chapter-5 People's Perception on Police Services 5.1 Knowledge on Duty and Responsibility of Police 42 5.2 Ever Approach to Police for Filing a Complaint 42 5.3 Respondents Perception on Police Behavior 43 Chapter-6 Conclusions and Recommendations 6.1 Conclusions 46 6.2 Recommendations 47 Reference cited 47 Appendices 49 1.1 Demographic and Social Characteristics of Respondents in the Household Survey 1.2 Survey Instruments 2.1 Number of crimes cases registered, convicted, acquitted and pending 3.1 Number of crime/violence cases recorded in WDOC and WCSC, Jumla, FY 2009/10 xi LIST OF TABLES Table No. Title Page 1.1 Sample VDCs/Municipality for household survey by districts 3 1.2 Number of cases developed, FGDs conducted and number of KII 5 interviewed 2.1 Number of VAW related cases recorded in National Women 10 Commission, FY 2065/066 (2008/09) 2.2 Number of GBV complaints handled by para-legal committees as 11 received in the Department of Women and Children, 2010 2.3 Number of crime cases recorded in Women and Children Service 12 Center, Police Headquarter 2.4 Five-yearly average number of crime cases (2005/06-2009/10), 5-yearly 13 conviction rates and 5-yearly pending rates of trafficking, rape and attempted rape by courts 3.1 Number of crimes reported in the District Police Office of Rautahat, 16 Bara and Dhanusa 3.2 Number of crimes cases in the district courts, FY 2008/09 and FY 22 2008/09 3.3 Number of crimes cases in the Supreme Court, FY 2009/10 23 3.4 Percentage distribution of respondents having knowledge about 23 crime/violence by districts, 2011 3.5 Percentage distribution of respondents having knowledge on GBV by 24 districts, 2011 3.6 Percentage distribution of respondents reporting sexual violence heard 25 in the community 3.7 Percentage distribution of respondents reporting physical violence in 27 the community 3.8 Number of respondents reporting the causes of crime/violence against 29 women and children 3.9 Number of respondents reporting the consequences of crime/violence 29 against women and children 3.10 Percentage distribution of respondents by heard of any legal 30 procedures to address violence against women and children xii Table No. Title Page 3.11 Percentage of respondents who have knowledge on violence if violence 30 exist where to report/file the cases 3.12 Percentage of respondents who have knowledge on violence reporting 31 source of knowledge on violence 5.1 Percentage distribution of respondents by knowledge on duty and 42 responsibility of Nepal Police 5.2 Percentage distributions of respondents by ever approached to Police 43 for filing any complaints and a crime/violence against women and children 5.3 Percentage distributions of respondents who ever visited Police Office 44 for filing a complaint by their perception of Police behavior xiii LIST OF BOXES Box No Title Page 4.1 Mapping of organizations working for combating crime/violence against 32 women and children in survey districts 4.2 Overview of the effectiveness of the law enforcement agencies and 36 NGOs 4.3 Quality of services to the victims of crimes/violence 39 xiv EXECUTIVE SUMMARY Women and Children Service Centers Project JFPR 9135 has been implementing project aiming to improve the access of victims to effective protection measures by establishing responsive, professional, and fully operational WCSC in Doti, Jumla, Bara, Rautahat and Dhanusa districts. It aims to expand, strengthen and institutionalize networking on issues related to crime against women and children between the districts WCSC, NGOs, local governments, and civil society. In this context, the study was conducted to explore the existing situation of crimes/violence against women and children and services delivery mechanism to victims, efforts made to prevent these crimes and the belief of public towards the police service in 5 project districts. The study was conducted during July-September, 2011. Data were generated from both the primary and secondary sources. Primary data were collected from all the five-project districts though employing household survey questionnaire, FGD with the community people, KII with the stakeholders and developing case studies of the victims. A total of 250 households were covered in the baseline study covering