E-Kantipur

Almost every day, there are media reports of serious crimes being committed in our society like murder, abduction, torture, robbery, human trafficking, sexual abuse and extortion. The police, prosecutors and other law enforcement agencies claim that they are actively working to prevent crime. However, the effectiveness of the rule of law has been critically questioned by different quarters of society. Protection of criminals by political parties has further cultivated the culture of impunity and weakened the battle against violent crime. This situation combined with the complicated legal and judiciary procedures has fortified the criminal world and violated the victims’ right to justice.

Women and children have been the main targets of violent crime in our society. We have been combating human trafficking, sexual abuse and exploitation and domestic violence against women and children for many years. The level of people’s awareness on these issues seems to be growing day by day. Nevertheless, prevention and control of such crimes does not appear to be as effective as the government’s plans of action and the expectations of the people. In addition, crimes like torturing alleged witches, wife beating, acid attacks and child marriage have been in practice as part of socio-cultural phenomena such as the dowry system, superstition and male chauvinism. Lapses in the prevention and control of crime affect the protection of the human rights of the people. As conventional measures of preventing such crimes have proved to be ineffective, we need to revise our strategies to fight crimes against women and children.

Reasons behind crime

Though crimes are committed by the evil minds of individuals and groups, they are also by-products of a failed socio-economic system and the exploitative cultural orders of society. The nature of crimes generally depends on changes in the socio-economic and cultural behaviour and practices of people. The increasing gap between the rich and the poor, failure of the judiciary, legal and social security systems, poor law and order and bad parenting are some of the reasons behind rising crime.

According to the American FBI, the top 10 causes which play a role in crime are (1) population density and degree of urbanisation, (2) variations in composition of the population, particularly youth concentration, (3) stability of the population in respect of residents’ mobility, commuting patterns and transient factors, (4) modes of transportation and highway systems, (5) economic conditions, including median income, poverty level and job availability, (6) cultural factors and educational, recreational and religious characteristics, (7) family conditions in respect of divorce and family cohesiveness, (8) climate, (9) effective strength of law enforcement agencies (10) and administrative and investigative emphases of law enforcement.

These points may be the underlying causes of violent crime in the context of some societies, but they provide no insight into many variables that lead to crime across the globe. 

Crime, politics and rights

As perceived by the people in general, crime and human rights are two different things. However, both the causes and consequences of violent crime have a direct effect on human rights. The main source of crime is connected to discrimination, exploitation and unfair social relations, which is, of course, a violation of human rights. Experience reveals that lack of proper dealing with such issues might create either a people’s uprising or violent riots in society. The effectiveness of crime prevention is comparatively better in societies where the situation of human rights is more enhanced.

Unfortunately, increasing criminalisation of politics or vice versa has hindered enhancement of the rule of law and human rights in Nepal. A hangover of the violent armed conflict, easy access to small arms and political protection to criminals have further intensified the culture of impunity, which also has a direct effect on the violation of human rights. Negotiations held between the political parties on withdrawing criminal cases in the name of political nature during the formation or dissolution of a government has also contributed to the politicisation of crime in Nepal. If the government does not follow the national and international standards of human rights for withdrawing cases and granting amnesty, a serious question may arise against the state’s credibility in complaint handling, investigation and prosecution of serious criminal cases.

Prevention and control

There are no crime-free societies in the world. However, the crime rate is based on the status of human rights and the rule of law. Crime is not determined by how rich society is economically, but by the added value and harmonised relationships between people of different castes, creeds and communities. Crime also depends on non-discriminatory, speedy and effective legal and judiciary services. 

We are today in a transitional society in Nepal. Despite the many commitments made by the political forces and the government, delivery of transitional justice in the armed conflict has not taken place as per the laws, agreements and plans of action. Tens of thousands of people including victims of extra-judicial killings, enforced disappearances, torture, abduction, extortion and internal displacement have not yet received justice. Perpetrators of crimes against humanity have not been booked for legal action despite the strong recommendation of the National Human Rights Commission (NHRC) and the decision of the Supreme Court. 

In order to prevent crime in society, enhancement of the rule of law, clean legal and judiciary procedures and protection of human rights is a must. Focus should be given to end or minimise the root causes of crime and violations of human rights. The state should strengthen social protection mechanisms through the promotion of sports, creative and skill education and employment for young people. The prevalence and supply of illegal small arms must be strictly impeded. Also, priority should be given to children associated with armed forces and groups, verified minors and late recruits and street youth in order to educate, rehabilitate and reintegrate them into society, so that they will not be dragged into the criminal world. The existing criminal justice system and procedures need to be thoroughly reformed through a human rights-based approach. There is a popular saying, “Bad governments build more jails while good governments build more schools for peace, progress and prosperity in society.”

Pradhan is the spokesperson and commissioner of the National Human Rights Commission

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