Perverse practices in the name of ‘chhoti basne’ and ‘tani biwaha’ in Eastern Rukum subject girls to the constant fear of pressure, violence, and rape. These harmful traditions impede the life development of local girls, trapping them in constant apprehension about being ‘snatched’ for prospective marriages
Durgalal KC | CIJ Nepal
On the day of the Bhume festival, Bachhigaun bustled with activity. A 17-year-old girl, living in a rented room in the village, paused to observe the traditional dance. Suddenly, four boys grabbed her and dragged her to the Taksera market.
The girl from Jaang in Putha Uttarganga-7, in the district had come to Bachhugaun to sit for her 12th grade exams. Her clothes tore as she fell on the road, and when local women attempted to intervene and rescue her, they too faced physical assault.
This movie-like scene resulted from the prevalent harmful practice of ‘tani biwaha’ (marriage by abduction or marriage by capture) in Rukum. The individual who forcibly dragged the girl, a father of two, wanted to make her his second wife against her will.
After receiving information about the incident, police intercepted and rescued the girl. All four perpetrators were apprehended and placed in a vehicle en route to the district police office. However, local leaders and people’s representatives obstructed the vehicle, saying that it was all part of the village’s tradition.
Taksera village in Putha Uttarganga Rural Municipality-10, Eastern Rukum, where the incident of bride snatching occurred.
At first, the girl was willing to file a complaint,” stated district police chief Anjana Shrestha. “But she refrained from doing so after facing pressure and threats from local leaders and people’s representatives,” said Deputy Superintendent Shrestha.
The police couldn’t prosecute the case due to lack of support from the community. Violence and sexual abuse are perpetrated against girls in the name of local traditions.
– Anjana Shrestha, DSP
The police couldn’t prosecute the case due to lack of support from the community. Shrestha stated, “Violence and sexual abuse are perpetrated against girls in the name of local traditions.”
In Eastern Rukum, girls are subjected to abuse and forced marriages under the pretext of ‘chhotti’. Shrestha notes, “This trend keeps girls in constant fear, impacting their education and daily lives. However, very few come forward to file complaints.”
The tradition of ‘chotti basne’ has deep roots in Rukum. In the evening, boys and girls congregate at a common venue or the girl’s residence, engaging in song and dance to express love and marriage proposals.
According to senior citizens of the area, boys traditionally sang outside the room, while girls sang inside with their families. Megh Bahadur Shrestha, head of the District Coordination Committee, Eastern Rukum, notes that this practice is evolving into a distorted form. “Now, it has escalated to the point of physical contact, embracing, and mistreatment of girls,” he says. “Men and boys are harassing girls, entering their rooms, and coercing them into marriage.”
On July 20, a 20-year-old girl from Kuchiwang was forcibly dragged by four youths from Lukum while walking. The incident was recorded and shared on social media. The victim, unable to escape, mustered the courage to report the abuse to the police on July 28. Jayakumar Pun (40), Dwaya Vikas Pun (26), Kamal Pun, and Bikash Roka Magar (29) from Bhume-3 were subsequently arrested in connection with the incident.
On September 21, the district administration office decided to fine them 10,000 rupees per person and to sought compensation of 4,000 rupees from Bikash Roka Magar and 3,000 rupees each from Jayakumar Pun, Vikas Pun, and Kamal Pun
District police chief Shrestha notes that this was the first incident in the district addressing violence in the name of traditional marriage practices. She states, “For the first time, action was initiated following a complaint filed by the victim. With societal support, this process can gain further momentum.”
Eastern Rukum, comprising only three rural municipalities (Sisne, Bhume, and Putha Uttarganga), is a smaller district created by dividing the original Eastern Rukum. Among these, incidents of violence against girls/teenagers under the guise of traditional marriage practices is the most prevalent in Putha Uttarganga.
According to the 2021 census 9,438 girls/young women aged 10 to 24 live in Eastern Rukum, and we’ve found that a significant number of them are experiencing sexual harassment and violence.
Sangeeta Ramjali, a 16-year-old from Putha Uttarganga-10 Bachigaon, expresses concern: ‘We are at risk step by step. A school-going girl can become someone’s wife on the way. When life is uncertain, one cannot even dream big.”
Alarming rates of abuse
In Eastern Rukum, 82.68 percent of the girls surveyed reported experiencing sexual abuse from significantly older men under the pretext of traditional marriage practices. This distressing trend includes a substantial number of 11-year-old girls.
For this story, we conducted a sample survey among 179 teenage girls from nine wards of Putha Uttarganga Rural Municipality, where forced marriage practices are prevalent.
Of the girls surveyed, the majority (82.68 percent) reported being forcibly grabbed and sexually abused by older men’ Among them, 56.42 percent experienced such abuse and violence once, 20.67 percent two to five times, and 5.5 percent more than five times.
Among the girls/teenagers aged 11 to 20 who took part in the survey, 77.09 percent reported directly witnessing bride abduction, while 1.11 percent are themselves in such forced wedlock
Remarkably, despite widespread violence against girls and teenagers, the majority (97.20 percent) have refrained from filing any complaints. Moreover, of the 2.79 percent who did complain, didn’t receive justice.
What is the reason they don’t file a complaint?
The primary reason for not filing complaints is the lack of faith in justice, with 93.85 percent citing the absence of punishment for perpetrators of violence. Consequently, they endure violence in silence. Additionally, 27.93 percent are unaware that the practices they witness and experience constitute violence in society, and they resign to fate, believing it is inevitable.
Similarly, 22.90 percent mentioned that they didn’t file a complaint because no subsequent action would be taken, 15.64 percent attributed it to customs, 11.17 percent expressed fear of repercussions from parents and society, while 22.34 percent didn’t file a complaint due to a combination of these reasons.
Fear is pervasive among girls, affecting 78.77 percent in their daily lives and studies. As a result of this tradition, 39.10 percent constantly live in panic, impacting their exam performance. Additionally, 8.93 percent reported being unable to study away from home due to the fear of violence, and 14.52 percent had to drop out of studies due to the constant apprehension of being abducted at any given time.
All survey participants expressed an urgent need for immediate relief from the uncertainty that pervades their future. They recommend implementing stringent legal measures, raising awareness, and emphasize the crucial role of parents in initiating preventive measures
Girls from the Kishori Adhikar Manch in Putha Uttarganga Rural Municipality, Eastern Rukum actively opposing the practices of illegal ‘traditional marriage’ practices.
The prevailing misogynistic mindset in society stigmatizes a girl who has been abducted as ‘scarred.’ Nabina Budha, a 14-year-old from Bachhigaun, notes, “Rehabilitating a girl who has experienced abduction is challenging upon her return to the village. She is often compelled to accept the practice of bride abduction.’
This level of violence!
Describing the fear, 16-year-old Babita Sherpaili from Bachigaon explains, “When a new girl arrives, boys immediately approach her, touch her and invade her personal space. They persistently knock on doors, even during the night.”
The local government doesn’t acknowledge the severity of this inhuman behavior and violence, leading to a lack of concerted efforts to address and curb it.
While the Kishori Adhikar Manch, formed spontaneously by girls who were previously members of local children’s clubs, has become active, and the rural municipality is starting to support it, the impact of their demonstrations, meetings, and awareness programs doesn’t seem to have permeated the local society.
Now, it has escalated to the point of physical contact, embracing, and mistreatment of girls, Men and boys are harassing girls, entering their rooms, and coercing them into marriage.
– Megh Bahadur Shrestha, Head of the District Coordination Committee, Eastern Rukum
To raise awareness and prevent sexual abuse of girls, the NGO United Mission to Nepal and the Rural Municipality Office organised a girls’ gathering was organized in Taksera from October11-12. During the event, the girls staged a drama depicting the incident of marriage by abduction that occurred last May, appealing to parents and the local government to intervene and protect girls.
However, they express dissatisfaction with the lack of support from their parents. Sarita Sherpaili, president of Kishori Adhikar Manch at the Putha Uttarganga rural municipality level, notes, ‘Many girls are married off at the age of 15-16 years. It has become a custom to marry them off quickly to prevent potential abductions.”
Fifteen-year-old Aarti Gharti from Taksera reveals that the fear of this harmful practice has adversely impacted her studies and exams. Currently enrolled in the ninth grade at a local school, she shares,”’Even during my studies, there are times when I worry about potential harm. No one takes a stand to stop such a detrimental practice.”
Rupa BK from Putha Uttarganga-12, says she hesitates leaving home for school-level competitions, youth group programmes, and other activities. Currently in the 10th grade, she states, “I am afraid to even think about leaving home. I feel restricted in pursuing educational opportunities as there is no one to protect us.”
Senior Sub-inspector Dambar Giri, in charge of the area police office in Taksera, emphasizes the difficulty for the police alone to control this harmful practice. Giri warns, “If this practice isn’t collectively stopped, the situation is such that the women here will continue to endure dehumanising conditions for a long time.”
Bhupendraa Budha Magar, vice chair of Putha Uttarganga Rural Municipality, acknowledges the challenges faced by girls due to child marriage, bride abduction, and other ‘traditional practices’. However, he places the responsibility for the way out on teenagers, stating, “Teenagers should be aware. They also have a tendency to easily go along with boys.”
Deprived of opportunities
The widespread occurrence of bride abduction contributes to high rates of child marriage in Eastern Rukum. Girls, subjected to early marriages, are compelled to bear children at a young age. To avoid the risk of abduction by someone else, parents often resort to the compulsion of marrying their daughters off at a young age to a man they perceive as capable of providing security for the girl child
According to the census, 14.8 percent of boys and 29.7 percent of girls in Eastern Rukum tie the knot between the ages of 15 and 17. This gender-disparaging practice contributes to a higher (roughly twice more) marriage rate for girls as compared to that of boys. The prevalence of child marriage is consistent across all local levels in the region.”
Bhume Rural Municipality chair Hom Prakash Shrestha acknowledges that this harmful practice has escalated child marriage, significantly impacting the education and skill development of girls. He notes, “More girls, particularly those still in school, are being married off compared to boys. The rural municipality is making efforts to combat this practice through strategic planning.”
Eastern Rukum, home to 56,786 people, has a literacy rate of 71.4 percent. However, only 63.7 percent of women and 79.7 percent of men are literate. Figures show that 34.8 percent of the population has studied up to the primary level, decreasing to 21.4 percent at the lower secondary level and 6.9 percent at the 10th grade. Only 688 students (1.9 percent) have reached the graduation level.
Tilak Gautam, head of the District Education Development and Coordination Unit, emphasizes that the misogynistic trends in society are significantly impacting the lives of girls and women. He states, “Violence against girls in the name of tradition has not only altered their education and health but has also diverted the course of their lives.'”
He noted that the SEE examination centers are typically far from the schools where many girls study. In such situations, girls and young women staying in rented accommodation near the examination centers are particularly vulnerable. He emphasized, “During the exams, their stress levels double as they fear potential harassment, abuse, or abduction.”
Whither the right to dignified life?
Earlier in Rukum, there was a tradition of ‘rodi basne’ (singing and dancing), assuming authority over the daughter of the maternal uncle,” notes Megh Bahadur Shrestha, head of the District Coordination Committee. “Its distorted form has now escalated to the point of sexual abuse, indicating a concerning shift. Shrestha suggests that given the challenges of eradicating social norms abruptly, the initial focus should be on raising awareness in society followed by legal action.”
Chief District Officer Madhav Prasad Sharma says that ‘chotti basne’, ‘tani biwaha’, ‘child marriage’ and ‘polygamy’ are against the law. Sharma says, “In such incidents, if the police are informed immediately, we will rescue the victims and take action against the perpetrators. Society should support us.”
Girls from Kishori Adhikar Manch in Putha Uttarganga Rural Municipality of Eastern Rukum holding hands as a sign of unity.
The practices of bride abduction and ‘chotti’ are both illegal. Unfortunately, government agencies not classifying these actions prohibited by law as crimes and societal acceptance of these practices have been detrimental to girls and women.
Sections 171, 175, 211, 212, 219, and 224 of the Penal Code 2017 are applicable against the sexual abuse and hostage taking place under the garb of traditional marriage practices.
Under Section 171 of the Penal Code, marrying or causing someone to marry without permission is prohibited. Any marriage without consent is deemed void, and the individual involved can face imprisonment for up to two years and a fine of up to 20,000 rupees. Consent for marriage is applicable only to individuals who have reached the age of 20. Committing child marriage is punishable by imprisonment for up to three years and a fine of up to 30,000 rupees.
In subsections 1 and 2 of Section 175, there is a provision prohibiting the practice of polygamy. Subsection 4 stipulates that polygamy is punishable by imprisonment ranging from one to five years, along with a fine ranging from 10,000 to 50,000 rupees, and such marriages are automatically annulled. Despite this, there is a significant number of men who have practiced polygamy.
Bride abduction, associated with kidnapping or hostage-taking, is an offence. According to Section 211 of the Penal Code, kidnapping is prohibited. Section 212 specifies that hostage-taking, which also includes bride abduction, is not permissible. The provision entails imprisonment for seven to ten years and a fine ranging from 70,000 to 100,000 rupees.
According to Section 219 of the Code, forcing a woman into marriage is considered a crime. This offence carries a penalty ranging from seven years to life imprisonment, along with a fine ranging from 300,000 to 700,000 rupees.”
Every activity conducted under the name of ‘chotti basne’ is considered a case of sexual harassment. According to Section 224 of the Penal Code, engaging in such acts is deemed an offence of sexual harassment.
Subsection 2 of Section 224, states that if someone holds another person with the intent to molest them without their consent, touches or attempts to touch their sensitive parts, takes them to a secluded place in an unnatural manner, teases or harasses them with sexual intent, or behaves in an unnatural, unwanted, or unrestrained manner, it is considered sexual abuse.
“If this practice were to be removed, our daughters would see a living heaven.”
– Diljyoti Budha-53, Putha Uttarganga-11
Under subsection 3, a person who commits such an offense is subject to imprisonment for up to three years and a fine of up to 30,000 rupees. However, there is reluctance among people’s representatives, government agencies, and society to enforce these provisions.
Even parents are shocked when informed about the numerous laws that can be used to penalise those involved in illegal ‘traditional marriage’ practices. “We used to say that the one who snatches her makes the woman his wife,” shares 53-year-old Diljyoti Budha from Putha Uttarganga-11, Upallo Sera. She says that girls from Rukum have resigned their future to men and fate.
She highlights that girls and young women in the region can’t marry the person of their choice and are unable to aspire to significant achievements through education. She states, “If this practice were to be removed, our daughters would see a living heaven.”
