Dear friends,
The Asian Human Rights Commission (AHRC) has received information about the critical situation of Anita’s (name changed) health after her ex-husband stabbed her five times in an attempt to kill her. The attack came after the court had given Anita a favorable divorce settlement. The perpetrator is now absconding. Anita, 45, from Kailali district, had to take loans to finance her medical treatment and her recovery is uncertain. She has received no support, financial or otherwise, from the state authorities so far. The General Recommendation number 19 of the Committee on the Elimination of Discrimination against Women directs states to provide appropriate protective and support services for victims of gender-based violence.
CASE NARRATIVE:
According to the information we have received from WOREC Nepal, Anita (name changed) a resident of Geta VDC-5, Kailali got married to Bijaya Raj Bhatta 27 years ago. She married without being aware of the fact that her husband already had a first wife and children. After a year, her husband started battering her and falsely accusing her of crimes she had not committed. They had two sons together who were also maltreated. The intensity of the battering was increasing and she decided to move away from her house and to stay with her sons, five years after her wedding. As alimony, she was given 0.47 hectare of land and which was not legally transferred in her name.
In spite of the fact that she was now living separately from her husband, he continued to harass her, until she could not bear it anymore and sought shelter in WOREC Nepal’s short run shelter house in Kailali from 30 June 2010 to 19 July 2010. With the support of WOREC Nepal, she filed a case against her husband to receive legal alimony in Kailali District Court. Kailali District Court ruled in her favour and Mr. Bhatta filed an appeal in Doti Appellate Court. In April 2013, the Appellate court also ruled in the favour of Anita.
After the appellate court judgement, while Anita’s elder son was in Pokhara to complete some work, at around 10 a.m., on 21 April 2010, Mr. Bhatta came to his ex-wife’s house on a motor bike numbered “Se 3 Pa 1008”. The bike was driven by his eldest son Lavdev, from his first marriage. He attacked their younger son, Chandar Katna Bhatta with a knife. Chandar fell down. As Anita went to protect him and her ex husband stabbed her in five different places in an attempt to kill her. Thinking that she was dead he left the place.
Details of what occurred after the Incident:
With the help from her neighbors Anita was taken to Padma Hosptal, Aattariya, Kailali. Since the case was critical, the hospital referred her to other hospitals for further treatment. They were taken to Brijlal Hospital, Halidini; India. Anita was discharged after 16 days from the hospital. However, she had to stay for another three days as she was not able to pay the hospital bills. Her elder son took a loan to settle the bills. After her return, she stayed in her natal home but as her condition became critical she was referred to a hospital in Kathmandu. The relief fund for gender-based violence provided her with an air ticket to Kathmandu and she is now receiving further treatment in the Intensive Care Unit of the Teaching hospital. However her condition keeps worsening as her nerves have been cut by the knife attack. Her doctor said that she has blood clots on her lungs and heart. Antibiotics have not been working. She has been suffering from low blood pressure and high fever. She has not received any support from the state to cover her expenses and medical treatment, and had to take a loan and rely on assistance from non-governmental organisations.
In Kailali district court; her elder son filed a case under attempt to murder against his father. Lavdev Bhatta was arrested on 22 may 2013 and is in police custody till date. Bijay Raj Bhatta , Anita’s ex husband, is absconding.
The case was registered in in District Police Office on April 23, 2013 and the family; together with NGOs under the leadership of WOREC, have put pressure on the District Police Office to immediately arrest the perpetrators.
In the office of the Chief District Officer, a meeting was organized including the CDO women and children development officer, district police officer, human right activists and journalists and the following decisions were taken: additional investigations to arrest the perpetrators, collection of additional fund from all the human right organization from Kailali district for treatment of the survivor; NRs. 10,000 will be provided by gender based violation relief fund and NRs. 10,000 will be provided by right based organizations as they have remaining fund after celebrating Women’s Day on 8th March 2013.
In addition, an official letter requesting for financial support was sent to the Women Development Office in Kathmandu and Lalitpur, National Women Commission and Ministry of Women, Children and Social Welfare
SUGGESTED ACTION:
Please join us in writing to the authorities listed below in asking for medical treatment for the victim; a thorough investigation of the case and the prosecution of the perpetrators.
The AHRC writes a separate letter to the UN Special Rapporteur on violence against women requesting for her intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………….,
NEPAL: A victim of gender-based violence needs immediate medical support
Name of victim: Anita (name changed), 45 year old, permanent resident of : Geta, VDC-5, Kailali District
Names of alleged perpetrators: Bijayaraj Bhatta, 63 year old, permanent resident of Geta, VDC-5, Kailali District and Lavdev Bhatta, his elder son.
Date of incident: April 21, 2013
Place of incident: Geta, VDC-5, Kailali District
I am writing to voice my deep concern regarding the critical situation of Anita’s (name changed) health after her ex-husband stabbed her five times in an attempt to kill her.
According to the information I have received from WOREC Nepal and the Asian Human Rights Commission Anita (name changed) a resident of Geta VDC-5, Kailali got married to Bijaya Raj Bhatta 27 years ago. She married without being aware of the fact that her husband already had a first wife and children. After a year, her husband started battering her and falsely accusing her of crimes she had not committed. They had two sons together who were also maltreated. The intensity of the battering was increasing and she decided to move away from her house and to stay with her sons, five years after her wedding. As alimony, she was given 0.47 hectare of land and which was not legally transferred in her name.
In spite of the fact that she was now living separately from her husband, he continued to harass her, until she could not bear it anymore and sought shelter in WOREC Nepal’s short run shelter house in Kailali from June 30, 2010 to July 19, 2010. With the support of WOREC Nepal, she filed a case against her husband to receive legal alimony in Kailali District Court. Kailali District Court ruled in her favour and Mr. Bhatta filed an appeal in Doti Appelate Court. In April 2013, the Appelate court also ruled in the favour of Anita.
After the appellate court judgement, while Anita’s elder son was in Pokhara to complete some work, at around 10 am, on April 21, 2010, Mr. Bhatta came to his ex-wife’s house on a motor bike numbered “Se 3 Pa 1008”. The bike was driven by his eldest son Lavdev, from his first marriage. He attacked their younger son, Chandar Katna Bhatta with a knife. Chandar fell down. As Anita went to protect him, her ex husband stabbed her in five different places in an attempt to kill her. Thinking that she was dead he left the place.
With the help from her neighbors Anita was taken to Padma Hosptal, Aattariya, Kailali. Since the case was critical, the hospital referred her to other hospitals for further treatment. They were taken to Brijlal Hospital, Halidini; India. Anita was discharged after 16 days from the hospital. However, she had to stay for another three days as she was not able to pay the hospital bills. Her elder son took a loan to settle the bills. After her return, she stayed in her natal home but as her condition worsened and got critical; she was referred to a hospital in Kathmandu. The relief fund for gender-based violence provided her with an air ticket to Kathmandu and she is now receiving further treatment in the Intensive Care Unit of the Teaching hospital. However her condition keeps worsening as her nerves have been cut by the knife attack. Her doctor said that the blood has been clotted on lungs and heart. Antibiotics have not been working. She has been suffering from low blood pressure and high fever. She has not received any support from the state to cover her expenses and medical treatment, and had to take a loan and rely on assistance from non-governmental organisations.
In Kailali district court; her elder son filed a case under attempt to murder against his father. Lavdev Bhatta was arrested on 22 may 2013 and is in police custody till date. Bijay Raj Bhatta , Anita’s ex husband, is absconding.
The case was registered in in District Police Office on April 23, 2013 and the family; together with NGOs under the leadership of WOREC, have put pressure on the District Police Office to immediately arrest the perpetrators.
In the office of the Chief District Officer, a meeting was organized including the CDO women and children development officer, district police officer, human right activists and journalists and the following decisions were taken: additional investigations to arrest the perpetrators, collection of additional fund from all the human right organization from Kailali district for treatment of the survivor; NRs. 10,000 will be provided by gender based violation relief fund and NRs. 10,000 will be provided by right based organizations as they have remaining fund after celebrating Women’s Day on the 8th March 2013.
In addition, an official letter requesting for financial support was sent to the Women Development Office in Kathmandu and Lalitpur, National Women Commission and Ministry of Women, Children and Social Welfare.
The General Recommendation number 19 of the Committee on the Elimination of Discrimination against Women directs states to provide appropriate protective and support services for victims of gender-based violence.
I therefore urge you to heed to the demands of the NGOs and provide medical support; rehabilitation and protection to the victim. I urge you to ensure that the investigations into the circumstances of the assault proceed smoothly and that the perpetrators are brought to justice as soon as possible.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1.Mr. Khil Raj Regmi
Chairman
Council of Minister
Office of the Prime Minister and Council of Minister of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Madhav Prasad Ghimire
Minister
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232
3. Mr. Kedar Nath Upadhaya
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org
4. Attorney General of Nepal
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneraal.gov.np
5. Sheikh Chandtara
Chairperson
National Women Commission
Bhadrakali Plaza
Kathmandu
NEPAL
Tel: +977 1 4256701
Fax: +977 1 4250246
E-mail- info@nwc.gov.np
6. Mr. Rhidhi Baba Pradhan
Minister
Ministry of Women, Children and Social Welfare; and
Ministry of Land Reform and Management
Singh Darbar
Kathmandu
NEPAL
7. Mr. Kuber Singh Rana
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
