Policy level intervention created through legal aid
October 10, 2014
Sarita Poudel (name changed) was married to a poor family in the district of Sunsari. After her marriage, her husband left for India in connection with employment leaving her and their infant child at home. After some months of his departure, their son got seriously and recurrently sick. However, her family members did not support and pay attention to her son’s treatment. Being depressed due to the ailing body and deteriorating health condition of her baby, as she claimed, she killed her son and tried an abortive suicide.
Her case reached the Sunsari District Court, which sentenced her to life imprisonment along with the confiscation of properties for murdering her 15-month child. Now, she filed an appeal at the Appellate Court in the district of Morang against the decision of the Sunsari District Court. The Appellate court, however, agreed with the decision of the District Court. Hence, Sarita, now, with the help of CeLRRd, moved to the Supreme Court, which giving decision shortened the life imprisonment to five years arguing that social tensions due to poverty, helpless condition and the lack of family support was emerging. The Court also ordered the Government of Nepal to address the social problems connected with such factors besides ordering the Government of Nepal to initiate steps for the protection of the socially vulnerable – an example of policy level intervention through judgment.
