Will justice be delivered?

At present, Nepal is grappling with innumerable challenges. Rampant corruption, unemployment and abuse of authority are a few striking problems on display. Likewise, injustice, poverty, poor governance and unaccountable politician are the other challenges which are staring at us. However, this is not to say that we should focus only on these issues infesting our society while ignoring the gender-based violence that has been there in our society forever. Take the example of Sonali Kumari Singh (Neharika Rajput)

Niharika Rajput, 21, hails from Jaleshwar Municipality-9 of

Mahatori district. She was studying in grade eleven when a tragic and horrific incident changed her life to suffer thereafter. Niharika claims she was raped and impregnated. According to her, the incident dates back to October 2019 when she was just 17 years old, a minor. One day she went to her friend’s house where she was raped by her friend’s brother Shivaraj Shrestha of Janakpur. She says that Shrestha made her drink water laced with drugs. As a result, she fell unconscious. When she woke up, she found herself naked. The rapist had taken obscene photographs and videos of her which he used to blackmail her after the incident. She was threatened not to make the incident public or else he would publicize those pictures and videos. Niharika filed a complaint at the police station 14 days after the incident. If the media reports are any guide, she was mistreated at the police station and they didn’t believe her just because of my appearance. Such immoral behavior on the part of the concerned officer made her believe that people with no access to political heavyweights are very unlikely to get justice.

She underwent a medical examination to prove that she had been raped but the reports made another huge reveal. She was astonished when she came to know that she was pregnant. She opened up about it to her parents, but they insisted on aborting the child. She was left to choose between her family and her unborn child and did not want to abort the child who would also be evidence to prove her suffering. She then decided to give birth to the child. Her son was born on August 21, 2020. Niharika, who was disowned by her family, has been living in Kathmandu in a rented room for the past three years. Her legal fight against the crime began when she reported the case to the police but the conclusions left her disappointed. Then she knocked on the doors of the Dhanusha District Court, hoping to get justice. However, on February 7, the district court declared Shrestha innocent. Niharika’s son was 17 months old then. After several attempts to get justice and after knocking on the doors of different organizations, Rajput decided to stage a hunger strike in the capital to draw the state’s attention to her plight. She was supported by Ojha and Sharma. But it was reported that she was initially denied staging the non-violent protest by a law enforcement agency. After persistent pressure from her supporter, she staged a fast-untodeath demanding justice for herself and her 21-months old child. Her five-point demand includes: arresting the accused who is roaming freely and investigating him, testing the DNA of accused Shrestha to see if it matches with that of her son, and a prompt decision by the high court on the case that was reported four months ago, a re-investigation of the entire incident, and ensuring care and safety of her 21 months old son. On June 17, the 19-year-old ‘rape victim’ and single mother Niharika Rajput, who was on a fast-untodeath at Kathmandu’s Basantapur, demanding justice for herself and her 21-month-old child, broke her hunger strike on the 6th day, after reaching a five-point agreement with the government. The deal signed by a senior home ministry official is an indication that the government has finally taken notice of Niharika’s plight.

But many observers are sceptical about the government’s commitment. It has been a common practice in Nepal to sign an agreement with the victim and their family. To the most chagrin, it has never shown seriousness to walk the talk fueling resentment among the people. This is not an exaggeration to conclude that such practice has been the hallmark of our government formed after the restoration of democracy in 1990. The nation will never become a just and equitable society if the government inks a deal but never translate it into action. Now, all are eyes on the concerned authority and the government whether it will abide by the signed agreement. The victim’s family is pining high hope on the government that the culprit will be brought to justice giving the impression that no one is above the law. They believe that they are pleading for justice will not be turned down and guilty be put behind the bars without any delay.