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23 Generally, it is found that the number of night entertainment
establishments has been exaggerated by government and the media.
However, because many night entertainment venues are unregistered,
many go uncounted. The estimates given here are from the Nepal
Restaurant Entrepreneurs Association (NREA) and from site
observations during the situation analysis conducted for this document.
24 In a 2008 study by Shakti Samuha (Shakti Samuha. [2008]. A Study
on the Condition of Slavery among Girls and Women Employed in
the Restaurants and Massage Parlours of Kathmandu Valley. Kathmandu:
Shakti Samuha, hereinafter referred to as the Shakti Samuha 2008 study),
46.2 % of respondents stated that their ‘additional duties’ included
sex work. In the ActionAid 2004 study, 37% of cabin restaurant
workers stated that their activities included either masturbation, oral
sex or going with the customers for sex.
25 In the Shakti Samuha 2008 study, 73% of respondents stated that
they performed ‘additional duties’ due to force from the employer
or the customer.
26 The percentage of children under 18 years is stated as 33% by the
Shakti Samuha 2008 study, 16% by a study conducted in 2004 by the
National Human Rights Commission (National Human Rights
Commission, International Labour Organisation. [2004]. Girls and
Young Women Employed in Entertainment Sector [draft], hereinafter
referred to as the NHRC 2004 study), and less than 30% by the ActionAid
2004 study.
27 Ministry of Women, Children and Social Welfare, Government
of Nepal. (2008). Study Report about Cabin, Dance Restaurant and
Massage Parlours. Kathmandu: MoWCSW.
28 The NHRC 2004 study indicates that 47% of respondents stated
that they entered the industry before the age of 18. 22% stated that
they entered before the age of 16.
29 New ERA, UNICEF. (1998). A Situation Analysis of Sex Work
and Trafficking in Nepal, with Reference to Children. (unpublished
document)
30 Ibid.
31 National Human Rights Commission, Government of Nepal.
(2008). Trafficking in Persons Especially on Women and Children
in Nepal: National Report 2006-2007. Kathmandu: NHRC.
32 NHRC 2004 study.
33 The Supreme Court held that sex work is like any other
profession, and that no discrimination could be made on the basis
of sex work. The petition challenged the discriminatory provision
of the existing rape law that provided lower punishment for raping
a prostitute. The court held that it is not reasonable to punish a
crime differently only on the basis of profession or character. (Sapana
Pradhan Malla for FWLD v. GoN, writ no. 56/2058. Date of decision:
May 2, 2002 (2059/1/18 B.S.). Publication of judgment relating to
Human Rights (special issue), Kathmandu, Supreme Court, pp. 144-
151.)
34 Article 12 (3) (f) of the Interim Constitution confers the freedom
to practice any profession or carry on any occupation, industry or
trade, except in a situation in which the law imposes restrictions
on an act that may be contrary to public health or morality.
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