Gender violence transcends the boundaries of being just a women’s issue; it is a matter that affects the very fabric of humanity.

Distinguishing between gender and sex is crucial, as sex pertains to the physical, while gender is a socially constructed concept, encompassing roles and attributes.

The nexus between financial empowerment and social roles is undeniable, illustrating that strength is not merely physical but rooted in empowerment.

Asserting one’s strength solely based on gender is an outdated notion. True strength lies in possessing power, and women equipped with education, health, and influence can surpass the strength of many men.

Empowerment, therefore, becomes the cornerstone of strength, with those who benefit thriving while those without opportunities remain vulnerable.

The ramifications of lacking empowerment extend beyond individual well-being. Deprivation of empowerment results in unequal access to education, employment, and income, impacting overall living standards, health, entertainment, social status, and political participation.

It’s a multifaceted challenge where the absence of empowerment not only hampers progress but triggers a widespread deterioration.

Gender violence not only inflicts personal suffering but exerts economic pressure globally.

The world economy suffers a substantial blow, losing two percent of its GDP—equivalent to a staggering 1.5 trillion dollars—due to gender-based violence alone.

The essence of human freedom lies in elements such as personality, intimacy, identity, privacy, autonomy, and the freedom to make independent decisions. It is paramount to value and prioritize these aspects before considering our relationship with society.

The disproportionate impact of the COVID-19 pandemic on women is evident. During crises such as earthquakes, women bear the brunt of injuries and vulnerability, especially in temporary camps.

Health issues like cholera disproportionately affect women, and economic downturns hit women harder in terms of education and food security.

In times of war, women become unfortunate pawns. The recurring pattern of women facing heightened fear and vulnerability during diseases, droughts, and floods underscores the multifaceted nature of violence against women.

In confronting gender violence, the call for empowerment emerges as the linchpin. It not only transforms individuals but serves as a catalyst for societal progress, fostering strength and resilience across the spectrum of humanity.

Protecting women isn’t just about safeguarding individuals; it’s about securing the foundation of our families and, consequently, ourselves.

The interconnection is profound: a mother enslaved stifles the potential for freedom, a weak wife diminishes personal strength, and an insecure daughter compromises our collective safety.

To ensure personal freedom, one must prioritize the safety of their family. Recognizing and understanding this intricate web of connections is pivotal.

Gender violence extends beyond physical harm; it encroaches upon women’s equality, freedom, human rights, empowerment, and education.

It aligns with the global human rights journey and the principles set forth in the Beijing Declaration.

The 16-day program on gender-based violence, focusing on women’s peace and security, resonates globally as a testament to this commitment.

When addressing violence, the roles of victims and perpetrators surface, along with the delicate matter of privacy.

While the media seeks to illuminate events, it’s crucial to question whether every detail is worthy of publication.

Privacy, acknowledged as a right by international law and Nepal’s constitution, must be upheld.

The media, in its pursuit of exposure, should navigate responsibly, considering the impact on individual freedoms.

Society tends to intertwine various facets of violence, with some individuals demonstrating courage by reporting cases like extortion.

However, the global trend reveals that not all rape cases are reported to the police, highlighting the associated risks.

The hesitancy stems from the potential fallout, as victims may face societal stigma, trauma, and a loss of confidence, jeopardizing future opportunities.

Individuals subjected to violence often grapple with managing the aftermath. Some endure silently, fearing the repercussions of making their suffering public.

This silence stems from the belief that exposure to violence scars individuals, hindering their ability to move freely in society, excel in education, and maintain positive mental well-being.

The fear of judgment and societal alienation can drive victims to hide their experiences, adding an additional layer of complexity for both the individuals and their families.

The collective responsibility lies not only in preventing violence but also in fostering an environment where survivors can come forward without fear, ensuring that managing the aftermath becomes a shared endeavor.

First and foremost, it’s crucial to recognize that at our core, we are individuals leading private lives.

Despite being social animals, our existence begins as unique individuals, each born with a distinct identity.

Society comes into play later; we gain membership as we navigate life. Our autonomy is inherent within our privacy—I breathe, eat, and think in my own way, preserving the essence of individuality.

The pattern persists: the primary earner and husband consume, leaving remnants for the women who are consistently left behind.

Distinguishing between right and wrong is essential within this autonomy. Our privacy encompasses freedom, dignity, and reputation—personal aspects intricately linked to our identity.

The essence of human freedom lies in elements such as personality, intimacy, identity, privacy, autonomy, and the freedom to make independent decisions. It is paramount to value and prioritize these aspects before considering our relationship with society.

The role of the communication sector in upholding these principles is significant. When an incident unfolds before a journalist, it is not merely about capturing the event but understanding the intricate details surrounding it.

Questions like who is involved, the reasons behind the incident, and the historical and societal context must be considered.

A journalist is more than a camera; they bring their intuition, soul, knowledge, experience, expectations, and personal history to their work.

The decision of what news to publish is a thoughtful one, reflecting the journalist’s rich perspective and conscience.

The communication sector is intricately linked to individual privacy. Its meaningful presence extends to reducing violence and providing society with essential information and news.

Information serves as a tool for education, cultural understanding, and behavioral change.

It is through information that people make decisions, enhance their understanding, and elevate their levels of awareness.

The need for positive discrimination (reservation) programs for women arises from the undeniable fact that, even now, women and men are not equal in behavior or outcomes.

While others sleep, journalists, with their unique insights, continue to shine a light on important issues.

Their decisions about what to show and what not to show contribute significantly to shaping the society we live in. It is a responsibility that journalists take seriously, recognizing the profound impact their choices can have on the collective consciousness of society.

From this perspective, the campaign against violence aims to raise awareness about the intricacies of violence, gender inequality, its underlying causes, conditions, dimensions, and the alarming outcomes it produces.

Examining the results reveals a disconcerting reality, where even in times of global conflict, sexuality becomes entwined.

Sexuality holds profound meaning in relationships, yet despite famine, inequality persists.

The pattern persists: the primary earner and husband consume, leaving remnants for the women who are consistently left behind.

To dismantle this cycle, a collective reevaluation of our roles is imperative. Every individual must actively play a positive role against violence, fostering a mindset that educates and propels society through their actions.

Violence against women is a violation of self-respect, personal freedom, and security.

True security means the freedom to live authentically, make independent decisions, and think freely.

It ensures individuals can utilize their personal abilities, contributing to the development of a secure and thriving society.

Without this security, individuals are unable to harness their potential, becoming weakened and unable to evolve into complete human beings.

To be valued members of society and contribute meaningfully, we must act thoughtfully. This is the essence of the anti-violence campaign.

As an experienced lawyer, I have made decisions aimed at reducing violence, but these efforts constitute only a fraction of the broader challenge.

Despite the existence of constitutions, human rights issues, and governments worldwide, women’s status remains disempowered.

The campaign against the 16 days of violence against women underscores the persistent disparities women face.

The reluctance to report stems from the victim’s fear of becoming the focus of the story rather than the crime itself. Social pressures, family opinions, and the fear of stigma contribute to delayed reporting, hindering justice.

Despite legal provisions, women lag behind in political participation, inclusion in services, education, health, employment, and more.

While women are guaranteed the same rights as men, the lingering question remains: Why can’t women fully enjoy these rights?

The need for positive discrimination (reservation) programs for women arises from the undeniable fact that, even now, women and men are not equal in behavior or outcomes.

Consider the stark contrast: when a man faces violence, he can file a case and resist.

However, when a woman is harassed, she often finds herself compelled to hide, bear the burden alone, unable to share her experience or seek support.

This unjust situation calls for continued efforts to dismantle discriminatory norms and create a society where everyone, regardless of gender, can live without fear and enjoy their rights.

Women currently face unequal access to justice services, a disparity that the Access to Justice Commission, established during my tenure as Chief Justice, sought to address.

The commission aimed to scrutinize the accessibility of justice across different social classes, revealing that over 10/15 percent of the total population in Nepal lacks access to justice. The question arises: How much of this limited access is available to women?

If victims are unable to express their grievances, the role of the police, lawyers, and the justice system itself is brought into question.

The usefulness of the state and the effectiveness of these structures designed to protect individuals become dubious when the relevant class is unable to utilize them. This unfortunate reality underscores the pressing need for change.

Recent developments suggest a slight increase in women seeking justice, particularly in property cases.

However, women’s engagement with the legal system remains limited to certain areas, such as domestic violence cases, coercion, drug-related issues, and abortion cases.

Notably absent are cases related to employment, promotion, election, and contracts.

This raises concerns about whether the current legal framework truly facilitates equal access to justice for women.

It is crucial to understand that claiming equal benefits requires not just the absence of conditions but also a position to assert those claims.

Evidence and witnesses are crucial, and lack of cooperation often leads to lost cases. Non-cooperation stems from the absence of a supportive environment.

Many women find themselves in situations where financial constraints hinder their ability to secure even minor bail amounts, leaving them vulnerable.

Every day, instances of domestic violence and coercion unfold in society, with stories from every household.

Unfortunately, reporting such incidents is hindered by the perceived torture, inconvenience, and humiliation associated with the justice process.

Victims often lack the courage to come forward, leaving the police, lawyers, and the justice system with limited roles and effectiveness.

The reluctance to report stems from the victim’s fear of becoming the focus of the story rather than the crime itself. Social pressures, family opinions, and the fear of stigma contribute to delayed reporting, hindering justice.

The current system often adds to the challenges faced by victims, raising questions about its efficacy and justification.

The larger issue at hand is not just reporting problems but ensuring that women can effectively utilize the benefits provided by the legal system and the state.

It requires a collective human effort to create an environment where women feel safe, can access justice, and receive the protection they deserve.

A society that neglects the empowerment of women becomes uncivilized, as the potential contributions of capable women remain untapped.

Ultimately, the state’s commitment to justice is foundational. If the state falters in delivering justice, the very need for its existence is brought into question.

Justice is the cornerstone of the state, with development following as a secondary concern. It is essential for both the state and society to take this matter seriously, ensuring that justice is not just an ideal but a tangible reality for all, regardless of gender.

Ensuring security means eliminating the possibility of justice being marred by insults, paving the way for assistance, and fostering a favorable environment.

It entails treating individuals involved in the legal process with politeness and kindness, mitigating risks, and providing compensation.

When physical insecurity stems from defendants, the state must guarantee the safety of victims.

Only when these elements converge can victims find redress, and the state can appropriately punish the guilty, instilling a sense of justice.

Many countries globally have made substantial investments in protecting victims and witnesses.

If society collectively prioritizes the well-being of each family as much as its own, we can progress toward building an equal and just society.

It is imperative for us to follow suit, as even those who witness legal proceedings might be unsafe from the defendants.

An environment must be created where witnesses can come forward to assist victims truthfully, facilitating the pursuit of justice.

The reluctance of individuals to speak the truth and act as witnesses undermines justice.

Evidence and witnesses are crucial, and lack of cooperation often leads to lost cases. Non-cooperation stems from the absence of a supportive environment.

During a visit to an Australian prison, I learned about their significant investment in the Victim Protection Scheme. Witness protection measures were extensive, acknowledging the potential threats witnesses might face.

The state took extraordinary measures, even changing identities through facial plastic surgery and managing individuals internationally to secure evidence.

The question arises: Is it right for the state to succumb to injustice, or is it right for the state to invest in justice?

If the state fails in delivering justice, its necessity is questioned, as justice forms the foundation of the state, with development as a secondary concern.

Therefore, the primary duty of the state is to allow citizens to live freely, asserting their rights.

Security is the safeguard for this right, and the state must invest in it; otherwise, the justification for the state’s existence is undermined.

Thus, the state must prioritize the safety of victims and witnesses, making the law meaningful and the legal system robust.

Regardless of the rights enshrined and the structures implemented by the state, it is crucial to create an environment where victims can enjoy these benefits.

As things stand, the status of women remains unequal, and it is essential to comprehend and communicate the sentiments within.

If society collectively prioritizes the well-being of each family as much as its own, we can progress toward building an equal and just society.

(An edited excerpt from the views expressed by former Chief Justice Kalyan Shrestha at an interactive program on ‘Privacy of survivors of sexual violence’ organized by the Women, Law and Development Forum in the context of the 16-day campaign against violence against women in Kathmandu.)