Nepal Country Case Study: Effective law and policy on gender equality and protection from sexual and gender-based violence in disasters

Nepal witnessed a devastating earthquake on 25th April 2015 that claimed the lives of more than 8,000 people. Hundreds of thousands of people were left homeless and amongst them were high numbers of women, children and older persons, people with disabilities and minorities. Some organizations working in the earthquake response began to identify women and girls affected by the disaster who had suffered, or were vulnerable to, sexual and gender-based violence (SGBV) in the post-disaster period. This included forms of SGBV to which they were not as vulnerable in normal times, and for which there appeared to be insufficient preparedness to provide protection. This report is an analysis of Nepal’s existing laws and policies related to gender equality and SGBV protection during normal times and during disasters. This brief study did not seek to address all forms of social inclusion in the disaster risk management (DRM) system, a particularly complex issue in Nepal. It focuses on women and girls, as the majority of those affected by both SGBV and gender discrimination, while recognizing that men and boys are also affected by SGBV and some forms of gender discrimination. In this regard, it examines current laws on SGBV protection, such as laws against domestic violence, human trafficking, rape, marital rape, sexual harassment, witchcraft allegations, dowry, child marriage, and polygamy. The report then looks at gender equality, inclusion of women, and mechanisms for SGBV protection in the laws and policies governing the DRM system.