In 2024, Durgeshwori received justice when her perpetrator, who had coerced her into internal trafficking, was charged with human trafficking under the Human Trafficking and Transportation (Control) Act, 2064, by the Kathmandu District Court.
Durgeshwori (name changed), 16, of Dhadeldhura, arrived in Kathmandu in search of a better life for herself and her economically deprived family. Tragically, her dreams and hopes were cruelly exploited when she met Tyson Tamang, the manager of Sunita Khaja Ghar, Nayabajar, through a friend, Sita (name changed). As it turned out, Sunita Khaja Ghar was jointly run by Tyson and his partner, Sunita Nepali, at Jorpati, Kathmandu.
Under the pretence of offering her a waitress position at the Khaja Ghar, Durgeshwori was lured into a cycle of abuse and exploitation. Tamang and Sunita coerced her into prostitution, manipulating her by saying it was the only way she could earn money for her family. Despite her refusal, Durgeshwori was forced into prostitution and made to have forceful sexual relations with 6-7 customers daily. Tyson collected Rs. 2,000 -3,000 from each customer but did not give Durgeshwari the money.
Based on the confidential tip from the community, the Anti-Human Trafficking Bureau (AHTB) conducted a rescue operation, rescuing Durgeshwori and other girls trapped in the Khaja Ghar. Durgeshwori filed a First Information Report (FIR) against Tyson and Sunita and also testified fearlessly against them in the court.
0n 2024, the Kathmandu District Court convicted both Tamang and Sunita of the offence of human trafficking under the Human Trafficking and Transportation (Control) Act 2064. Tyson Tamang was sentenced to 12 years imprisonment and a fine of NRS 75,000, while Sunita Nepali received a sentence of 10 years imprisonment and a fine of NRS 50,000. In addition, both were ordered to pay NRS 500,000 compensation to Durgeshwori for the abuses she faced.
The above incident is the case of internal trafficking where the culprits have been punished under the Human Trafficking and Transportation (Control) Act. Gone were the days when perpetrators of such offences were only charged with indecent behaviour, while only those involved in cross-border trafficking faced charges under human trafficking laws. The charge of indecent behaviour did not carry the strict punishment such crimes deserve. As a result, it emboldened offenders to continue committing such acts. However, in the current context, things have changed.
Similarly, Parma (name changed), 13, of Dhading, also received justice in 2024 after her perpetrator, who had tricked her into internal trafficking, was convicted of human trafficking under the Human Trafficking and Transportation (Control) Act, 2064.
Parma came to Kathmandu in search of a better life. She started working in a local Khaja Ghar near New Buspark, where she met Piya (name changed), who used to work in Lafa Khaja Ghar, Balaju. The two exchanged contact details and remained in touch. Piya confided in Parma that she is involved in sexual activities with the customers in the Khaja Ghar in exchange for money. She repeatedly tried to persuade Parma to come work in the Lafa Khaja Ghar. Parma declined and returned to her home in Dhading. However, back home, she was confronted with the harsh reality of her family’s extreme financial condition. Taking responsibility on her shoulders, she returned to Kathmandu with a determination to support her family financially. She was again continuously contacted by Piya to come to the Lafa Khaja Ghar. Eventually, Parma visited the Khaja Ghar and met the owner, Nabin Thapa. He (Thapa) assured her that she would only be involved in cooking, cleaning, and serving food to the customers. Parma agreed to work there.
For the first two days, she was made to clean and cook only. However, things soon took a different turn. She was forced to engage in sexual relations with the customers of the Khaja Ghar. Her repeated refusal and cries were all unheard. She was made to engage in sexual relations with 5-7 customers daily. Nabin used to collect Rs. 5,000-6,000 from each customer but only gave Rs. 500 to Parma per customer. She was trapped in the Khaja Ghar with no means of escape and no one to seek help from.
In 2024, the AHTB conducted a rescue operation at Lafa Khaja Ghar and rescued Parma and the other girls trapped there. Akin to Durgeshwor, Parma was also determined to seek justice and filed an FIR (First Information Report) against Thapa and Piya.
The Kathmandu District Court convicted Thapa of the offence of human trafficking under the Human Trafficking and Transportation (Control) Act 2064. He was sentenced to 11 years’ imprisonment, Rs. 55,000 fine, and Rs. 1,50,000 compensation. Meanwhile, Piya was acquitted after the court found Thapa had coerced her into luring Parma into the Khaja Ghar.
The paradigm shift
The above-mentioned two verdicts are not merely justice for a survivor; it is a powerful precedent that upholds that those who force a person into prostitution will be held accountable.
According to the Anti-Human Trafficking Bureau of Nepal Police, in the fiscal year 2021/22, 22 individuals were rescued from internal trafficking, including 14 minors. In FY 2022/23, 14 individuals were rescued, of whom four were minors. In FY 2023/24, 72 individuals were rescued, including 21 minors. In the ongoing fiscal year 2024/25, 198 individuals have been rescued so far, among whom 90 are minors.
According to Krishna Prasad Pangeni, Senior Superintendent of Police and Director at AHTB, although there was a legal provision to charge perpetrators under the Human Trafficking and Transportation (Control) Act, they were often charged with indecent behaviour instead because this was considered an easier route, as it avoided lengthy legal procedures. The intention behind such charges was also different; it was mainly to warn or caution the perpetrator against repeating the offence. Additionally, many victims remained hostile due to a lack of proper counselling.
“At present, the practice has completely changed. One of the reasons behind this is the establishment of the bureau in 2018. Before that, there was no dedicated unit to investigate human trafficking offences,” says Pangeni. “After its establishment, the police became more sincere and aware of the issue of internal trafficking.”
Similarly, the bureau has actively collaborated with organisations dedicated to combating internal trafficking. Their proper counselling for survivors, especially minors, has reduced the likelihood of victims becoming hostile, making it significantly easier to file cases against perpetrators under human trafficking charges.
“These days, once survivors are rescued, they are taken to shelter homes where they receive proper care and counselling, which makes them less likely to become hostile,” he adds.
Convictions
Pangeni also notes that the legal success rate is gradually improving in terms of delivering justice to survivors.
According to the Anti-Human Trafficking Bureau (AHTB), out of 10 internal trafficking cases filed at the Kathmandu District Court from 2020 to 2023, five have resulted in full convictions, with perpetrators receiving prison sentences ranging from 2 to 10 years along with monetary fines between Rs 25,000 and Rs 100,000.
Four cases ended in partial convictions, where only some of the accused were penalised, while others were acquitted. One case was unsuccessful, indicating that the accused was not found guilty.
Observers also note that the legal approach to addressing internal trafficking has changed significantly in recent times.
Benu Maya Gurung, Executive Director at the Alliance Against Trafficking in Women and Children in Nepal, echoes Pangeni’s view and says that the establishment of the AHTB and its collaboration with stakeholders have significantly changed the practice.
“After the establishment of the AHTB, the police began working closely with stakeholders engaged in the fight against internal trafficking,” says Gurung. “The involvement of the AHTB in various discussion programs and training sessions made them more aware of internal trafficking issues.”
Earlier, there was a common perception that trafficking occurred only across borders, but gradually that understanding has evolved.
Further speaking to Onlinekhabar, Pangeni also shared insights about the backgrounds of the perpetrators.
“In most cases, the perpetrators are owners of spa centres, khajaghars, restaurants, and hotels,” says Pangeni. “Similarly, relatives or distant relatives are also found to be tricking individuals into internal trafficking.”
“Some parents, due to poor financial conditions, lack of education, and limited awareness, are easily lured by the perpetrators. As a result, they influence their children (survivors) to turn hostile,” says Pangeni.
Challenges remain unsloved
However, challenges persist in addressing the issue of internal trafficking. One of the major challenges is the lack of awareness about internal trafficking.
In recent times, most survivors, especially minors, have come into contact with perpetrators through social media. Unmonitored social media use has emerged as another significant challenge.
Furthermore, another challenge in addressing internal trafficking, according to Gurung, is that the police tend to focus more on the entertainment sector.
“Beyond the entertainment sector, internal trafficking also exists in brick factories, highway hotels, vehicle workshops, and among domestic workers,” says Gurung. “In these places, cases are viewed only through the lens of child labour, failing to acknowledge the presence of internal trafficking.
Gurung also says that only the activeness of AHTB will not solve the issue of internal trafficking; the security personnel of different units, including metropolitan police, should also have equal knowledge and awareness about internal trafficking.
As the justice system begins to treat internal trafficking with seriousness, to build on this momentum, stakeholders urge to invest in “broader awareness, inter-agency coordination, and community level prevention, so that no one is ever forced to choose between poverty and exploitation.”
