Arrest warrant issued against Justice Giri on charge of marital rape

KATHMANDU, April 5: An arrest warrant has been issued against Justice Bhuwan Giri of Kapilvastu District Court on charge of marital rape.

The district police office, Kapilvastu had demanded to arrest Justice Giri to investigate the case.

Earlier, Giri’s spouse had filed a complaint of marital rape against him.

Marital rape, which refers to non-consensual sexual intercourse between spouses, is recognized as a criminal offense in many jurisdictions around the world. The legal term for this type of offense varies depending on the jurisdiction, but some common terms include spousal rape, intimate partner sexual violence, or non-consensual sexual intercourse within marriage. Some jurisdictions may simply refer to it as rape, without distinguishing between marital and non-marital contexts. It is important to note that marital rape is a serious violation of an individual's human rights and can have long-lasting physical and psychological effects on the victim.

The Constitution of Nepal, which was adopted in 2015, includes provisions related to the prevention and punishment of marital rape. Specifically, Article 24 of the Constitution provides that all individuals have the right to live with dignity, and that no person shall be subjected to physical or mental torture, or to cruel, inhuman, or degrading treatment. Marital rape falls under this provision as it is considered a form of physical and sexual violence that can result in serious physical and mental harm to the victim.

Additionally, the Criminal Code of Nepal criminalizes marital rape and provides for punishment for the same. The Code was amended in 2018 to remove a previous exemption that allowed husbands to have sexual intercourse with their wives without consent. The new provisions provide that any person who engages in sexual intercourse with his or her spouse without consent shall be liable to imprisonment for a term of three to six years.

It is important to note that while these provisions exist, there is still a need for greater awareness and enforcement of the law to prevent and address cases of marital rape in Nepal.