A/HRC/41/42/Add.2 36. Following the landmark Supreme Court decision of 2003, 10 marital rape is now considered a crime under law, and, under the National Penal Code of 2017, the punishment for marital rape was increased to five years in prison. While welcoming these positive developments, the Special Rapporteur is concerned by the fact that sexual violence within intimate partner relationships is still largely a taboo subject, with low levels of reporting. When intimate partner sexual abuse is reported, it is often less likely to result in prosecutions and convictions than assault by a stranger. 37. During her visit, the Special Rapporteur expressed grave concern about reports suggesting that numerous cases related to sexual violence and the killing of women and girls have resulted in impunity for the perpetrators, despite having been referred to the police or a court for redress. An example of such a case is that of Nirmala Panta, a 13-yearold girl who was brutally raped and murdered in western Nepal at the end of July 2018. The case prompted public outrage, leading to a number of public rallies calling for justice for Nirmala. Reports suggest that the pattern of police negligence, including the alleged mishandling of evidence and the wrongful arrest and alleged beating of a man accused of the crime, has significantly hindered the investigative process. 38. The Special Rapporteur was informed by the Government that an investigation into the case is ongoing and that six police officers involved in the investigation of the case by the Ministry of Home Affairs have been suspended. 11 The Special Rapporteur is deeply concerned, however, that the investigation may be insufficient. At the time of writing, the perpetrator or perpetrators remained at large, while reports that those defending Nirmala’s case had been subjected to threats and harassment continued to prejudice the case. C. Harmful practices 39. Although not exhaustive, the present section illustrates the most prevalent manifestations of violence against women and girls in the country, including numerous harmful practices that were discussed during the Special Rapporteur’s visit. 40. The Special Rapporteur welcomes the new laws and plans to abolish and criminalize harmful traditional practices, such as the Witchcraft Accusation (Crime and Punishment) Act of 2015, the National Penal Code of 2017, which criminalizes chhaupadi, and the national strategy to end child marriage of 2016. However, these laws have yet to prevent traditional harmful practices that constitute gender-based violence against women, as such practices are deeply entrenched in the fabric of Nepali society, continuing to have a negative impact on the lives of women and girls throughout the country and preventing the full implementation of adopted laws. 1. Chhaupadi 41. Chhaupadi is a traditional practice whereby menstruating women and girls, who are considered to be impure and untouchable, are banished from their family home and forced to live in a cowshed or a chhaupadi hut for from five to seven days every month. In some areas, women are also forced to give birth in a chhaupadi hut and remain there for up to two weeks under the same restrictions, jeopardizing the health and well-being of both mother and infant. 12 Having visited communities in which chhaupadi continues to be practised, the mandate holder noted that the women and girls with whom she met clung to a deeply ingrained superstition that triggers the belief that, if they do not adhere to this practice, their family members may fall ill or come to harm. Women and girls living in 10 11 12 Supreme Court of Nepal, Special Bench, Meera Dhungana v. Government of Nepal, Writ No. 55 of the year 2058 BS (2001–2002). The Ministry of Home Affairs formed a high-level committee charged with investigating the “mishandling” of the case. The report of the committee was published on 7 October 2018. The National Human Rights Commission also issued a robust response, in which it outlined eight points requiring action. Prabisha Amatya and others, “Practice and lived experience of menstrual exiles (chhaupadi) among adolescent girls in far-western Nepal”, PLOS ONE, 10 December 2018. 9