DATE : 2058 BS
COURT : SUPREME COURT OF NEPAL
CATEGORY : CIVIL CASE
Whether or not number 1 of chapter on ‘rape’ of Muluki Ain means and includes Rape
Petitioner brought forward a write petition before the court requesting to declare the no.1 of chapter rape of Muluki Ain 2020 Void on the ground of inconsistency with the right to equality guaranteed by the constitution and the other international instrument relating to human right, Universal Declaration of Human Right (UDHR, ICCER, ICCPR and CEDAW)
The court Declared marital rape as punishable an issued a directive ordered to tone of the respondent namely Ministry of Law Justice and Parliament affairs to make conscious and just legal provisions to complement the marital rape because the consequence of a crime of rape by husband and any other person differ in respect of collection of evidence circumstance, quantum or gravity of punishment and its priority. Legal provisions regarding marital rape should be given a complexion considering a special circumstance of marital relation. Statues of the husband no.8 on chapter on rape has circumstances caused by the rape from the person other than husband. such majors to be made should adopt major to provide immediate relief like provision to live separate or divorce on provision to address rape caused by child marriage.