Date: January 2006

Nepal Supreme Court declares “minor beating” defence unconstitutional

On January 6 2005, the Supreme Court of Nepal declared that parents, other family members and teachers no longer have a defence for “minor beating” of a child under the Children Act 1992. The Court issued a directive order to the Office of the Prime Minister and the Council of Ministers, asking them “to pursue appropriate and effective measures to prevent physical punishment as well as other cruel, inhuman or degrading treatment or punishment or abuse being imposed or inflicted on, or likely to be imposed or inflicted on children”.

The decision followed an application made by the Center for Victims of Torture. Section 7 of the 1992 Act, protecting children from cruelty and abuse, stated that “any act by the mother, father, family member, guardian or teacher to scold the child or give him/her minor beating for the sake of his or her interests shall not be deemed to violate this section. The words “or give him/her minor beating” were declared null and void by the Court, as being inappropriate and contrary to the Constitution.

Full judgment available here.

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