The jovial spirit of the festive season was desecrated in Achham last week after a complaint was filed against six cops for allegedly raping their female colleague. The victim has said in her complaint that the incident took place on September 27 inside the communications office of police where she was asked by a sub-inspector to attend a puja. There, she was fed with drugged food and then raped. While the veracity of the allegation is yet to be ascertained, the refusal by Achham District Police Office to accept her complaint the following day indicates that police initially wanted to cover up the incident. Owing to the refusal, the victim had to resort to informing a DIG at Dhangadhi Police Office and then file her complaint at the Regional Police Office in Dipayal three days after the incident. We demand speedy and transparent investigation into the allegation and action on those found guilty according to the laws of the land. In case the allegations are proven wrong, the woman should be dismissed from service.
Regardless of the outcome of investigation into the Achham incident, the fact remains that rape is a difficult trauma to overcome. In the case of Nepal, the tragedy is complicated by unfriendly laws. The best chance a rape survivor has for legal redress is when she undergoes physical examination within 48 hours of the crime to support her claim with medical proof. This provision has eluded justice to many rape victims in the past. In December last year, two rape victims in Ramechhap district could not undergo physical examination within the legal time frame because police refused to register their complaints for days. In the Achham case, the victim, who is a police constable herself, underwent medical examination only on October 1. It remains to be seen whether the examination will be of any aid to her.
Another provision that hinders justice is that a complaint must be filed within 35 days of the incident. This makes it difficult for tender-aged girls, who comprise an overwhelming majority of rape victims in our country, to hope for justice after they reach an age when they decide to fight back the culprits. According to police records for the year 2007/08, 265 of 395 cases of rape victims during the period were girls aged below 16. Most of such cases come to notice only after the girls become pregnant. By that time, the crime is already too old to qualify under the 35-day time frame.
It is time the provisions are revised so that seekers of justice are not defeated by the legal time frame. While the law is clear on the jail terms that convicted rapists serve, it is unclear on the compensation that a victim is entitled to. This too must be clearly stipulated.
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