Neglected sector

The country observed the 37th children day the other day without making any commitment to  child welfare. This indicates that the government has failed to recognize the fundamental rights of those children who have been deprived of free and compulsory primary education for years.  Had the Deuba government realized this, or initiated a programme to reform the primary education sector, it would have given much hope for better future for children, the future pillars of a nation. It could have also served as a prompter for the government to do the needful for the  children’s future. But the way Prime Minister Sher Bahadur Deuba ignored such a need shows a lack of concensus by the government for the welfare of children. True, the past government — be it led by Girija Prasad Koirala or Krishna Prasad Bhattarai — did not introduce any measures to improve primary education. As a result, children who belong to poor families continue to remain out of schools. This is  nothing but a lack of knowledge and a lack of earnest commitment to children’s education.

According to the International Labour Law and Central Department of Population Studies, of the total 6.2 million children, 2.6 million between the age of 5-14 years work under exploitative environments across the country. This includes one-third of the children. Fifteen percent of them are involved in non-economic activities, while 1.7 million are engaged in gainful employment. This apart, thirty seven percent of children continue to remain out of schools, while 83 percent involved in economic activities are unpaid. The number of such children is higher among girls since they are involved in unpaid household work. A large number of children in the age group of 5-14 years work in unorganized conditions, often helping their parents in different vocations. The twenty percent of children below 14 years of age are deprived of primary education. Free and compulsory education is the buzz word among politicians, educationists and development practitioners, but hundreds of thousands of children are yet to acquire their education rights. Sixty percent of the children enrolled in government-run schools do not complete primary education.This shows how easily the government turns a blind eye to children’s education.

Over a decade, successive governments have invested more than twenty billion rupees to improve the country’s education system. Where did the government spend such a huge amount of money? The government-run schools have neither proper infrastructure nor do they have adequate teaching materials. The frequent change of academic session has also badly hampered the smooth functioning of academic institutions. In remote villages, teachers remain absent for months and as a result, children are made to help parents with domestic chores. And the chief evil is poverty. The much-hyped poverty alleviation slogan will not be more than an ambitious dream if there remains no quality investment in the education sector.

Land reform: Revolutionary or evolutionary ?

By Ram Bahadur KC

Of the eight point socio-economic measures announced by Prime Minister Sher Bahadur Deuba on August 16, 2001, the proposal of new ceiling on land holdings and redistribution of the land, though appropriated among the landless and squatters, seems to a bit radical. The announcements are timely and have been applauded largely by the peasant community and the pro-reform opposition, though it has also invited criticisms from the legal experts, land lords and professionals. Those who have welcomed the announcement have, however, cautioned the government of possible failure in its implementation, thus making the new programme a fiasco.

However, some observations are necessary in respect of the proposed land reform programme. During the early nineteen forties and after, more than hundred countries have had land reform programmes of one kind or another. Some countries have had the Agrarian Reform of more comprehensive nature, encompassing many elements like redistribution of land, security of tenure and fair rents, improved methods of cultivation through new technology, adequate credit facilities, cooperative marketing and other related measures. Some adopted simple type of land reform concerned mainly with land ceiling, distribution and tenurial security. Nepal adopted the former type with comprehensive measures. The rationale for initiating such reforms was to resolve various issues related to land tenure and agriculture development such as unproductive land tenure systems, land concentration, unequal distribution, absentee landlords, rack-renting and exploitation of peasantry, low productivity and diversification. In this context, various authorities and writers on land reform have suggested modification of land tenure system, redistribution of land and instituting agriculture extension and supporting services.

Nepal had the land reform programme on an experimental basis in 1962, and as a nationwide programme since 1964. The programme was also launched as a campaign that brought far reaching impacts on the socio-economic structure of the country, breaking feudal land holding, tenurial security and capital formation in the agricultural sector. The initial impact, however, slowed down due to vested interests, lack of continued political commitment and sustained administrative support. Despite the high sounded objectives and policies were outlined in the subsequent periodic plans- elimination of dual ownership on land, setting up of peasant proprietorship and agricultural industrialization, and various commissions were formed to revitalize the programmes- their valued documents and recommendations remain locked on the shelves in government offices. The previous land reform, heralded to bring about social justice, political expediency and economic rationale, always remained as an unfinished task.

It was pre-assumed that there would be some confusion and uncertainty over the freezing of land transactions, causing inconvenience to the people. This created pandemonium in the House by some opposition members regarding land freeze, the enactment of a Bill proposing the new ceiling on land holding and redistribution of land. It is reported that many advocates have filed writ petitions challenging the radical land reform programme, mainly the suspension on land transactions, saying that it violates the constitutional rights to property and its management. The real estates transactions have been halted, the Revenue offices and financial institutions have worn a deserted look, also causing losses of revenue to the government . This may give rise to speculation, provoke pressure groups and even agitate the mass if the logic and justification of this radical reform programme are not properly explained. A Bill relating to land ceiling and redistribution cannot be a sure shot for enacting it in the shortest possible time. This lacks matured thinking, because the suspension on land transactions is not a pre-condition but only a post-condition of implementing the new ceiling.

What is the desired and required level of ceiling on land is a very sensitive task and it often leads to wider speculation. The present ceiling of 28.5 hectare per family is certainly high in proportion to land availability, population pressure and underdeveloped stage of industrialization and service sector. In order to set up various ceilings on land -ranging from 1 to 4 hectare, also varying according to the geographical regions of the country. Japan and Taiwan have 3 hectare and Philippines 7 hectare per family. India is said to have between 4 to 6 hectare. The end of land redistribution among the landless, marginal farmers, the Kamaiyas and the squatters certainly needs the ceiling to be fixed at the lower bracket.

The peasant proprietorship system of land tenure (land-to-the-tiller or owner-tiller system) is said to be ideal from the view point of equity and productivity. Its achievement could be  approached from many other related measures simultaneously with the redistribution of surplus  land. The fifty-fifty basis of land redistribution between the landowner and tiller as already provisioned would have to be expedited. Ownership transfer to tenants through bank loans or  government bond system or the share purchase could also be adopted on an experimental basis. The right of pre-emption in the land purchase (in case the owner is selling his land) should be given to the tenant of the cultivated land. Also in the context that the  country is going to have new ceiling on land, the existing ceiling of tenant land (2.5 hectare) is superfluous and should be abolished, because there is hardly a tenant  holding land under tenancy above the prescribed ceiling.

Let us hope if the basic objectives of land reform as equitable distribution of land, increasing agriculture production and diverting labour and capital for industrialization could be realized this time with the new announcement. Louis J Wolf Ladejinsky, an architect of Land Reform, visited Nepal many times during 1960s and highly impressed the late King Mahendra by his idea of relevancy of land reform and early implementation of such programmes for the welfare of the vast masses of peasantry and agricultural development of the country. To quote the meaningful statement of Ladejinsky, technical expertise in preparing and administrating legislation is indispensable, but experts do not make reform. Politicians, and only politicians, make good or poor reforms, or do not make them at all.

Great things come in small packages

By Pragya Karki

We live in a small house, which is sandwiched between two gigantic buildings. The builder of my house has rightly called this house a yam between two boulders. From ancient times the constructor of my house have tried their best to maintain a friendly relation with its neighbours. As a result, two ideal ladies of my house were married to the northern and southern neighbours further strengthening our relationship. Though petite, my house is a unique one. Multilingual, multi-ethnical and multi-religious people live in harmony, as a single family, loving and sharing
among them.

How can I forget my rectangular land which is blessed with plenty of natural gifts. Be they perennial rivers cascading towards south or the chain of majestic Himalayas in north, they are mine. No one can claim it as theirs. The light of Asia was born in my pious house and the highest peak stands proud and magnificently on my land.

As we all know, those who are strong always try to exert powers on the weaker ones, and this is what I am experiencing from on of my neighbours. From time to time it shows its domineering character and practices its foul tactics on my land. Sometimes it stops the supply of essential commodities, sometimes it claims my property as its, sometimes misuses the idiot box against my interest and sometimes tries to wash away the most precious part of my land. Is it trying to portray itself as a wolf in a lamb’s clothing?

The dust of time should not be allowed to obscure certain happenings. They should be remembered. Let’s turn the pages of history and recall those glorious days when my brave ancestors chased away those who conquered my neighbour. They tried to conquer my land also, but in vain. Instead they saluted the heroic deeds of my ancestors and labelled them as gallant warriors.

On this ground, I can scream out of joy and pride. But at the same time, history do remind me that I have already lost some tracts of my land in the battlefield. Now I don’t want to loose any more, not even an inch. I don’t need any sort of Water Kingdom on my land, nor any woman would like to sun bathe on an artificial beach.

Well, one may ask why this particular neighbour of mine is trying to loosen the friendly knots thought to be tied very very tightly. But my dear friend, great things come in a small package.

Status of women under present legal system

By Gyanu Mainali

Women account for more than 50% of the total population of Nepal. However, they are not treated equally and discriminated in the socio-economic and political spheres. The overall female literacy rate is as low as 25%, as against 55% of the adult male literacy.

The pervasive effect of a patriarchal social structure on the lives of Nepali women cannot be underestimated. The traditional secondary status accorded to the female and the social constraints placed on her, both inside and outside the home, make her difficult to reach. The first barrier is an acceptance of the status which prevents most women from even conceiving that life could be otherwise. The second barrier is that change in women’s condition often means upsetting the male power structure, and thus provokes resistance. This resistance may be individual or collective, conscious or unconscious.

Our Constitution guarantees equal rights to men and women. Article 11 of the Constitution of the Kingdom of Nepal, 1991 sufficiently maintains the equality, keeping both men and women on the same platform. Article 11(2) reads like this: "No one shall be discriminated in the question of sex....."

Marriage: The Civil Code gives no definition of marriage nor does it describe the forms of customary marriages, which it recognizes as valid. Sections 11 and 12 of the Marriage Registration Act of 1971 recognize the validity of all marriages whether they are registered or not and which are performed according to any religious, communal, or family tradition. Under the present code, the performance of any form of wedding ceremony or simply evidence of sexual relations can amount to marriage.

However, the legal age of marriage for women is 16 with the guardian’s consent and 18 in the absence of consent. For men, the legal age is 18 with the guardian’s consent and 21 without. It is also stated that the age difference between a man and woman should not exceed 20 years.

No marriage can be contracted or arranged without the consent of both the man and woman. If such a marriage has taken place, it can be nullified and the person responsible for arranging such a match is liable to be imprisoned for a term not exceeding two years. The law, however, does not specify what happens if one partner does not agree to the marriage.

In case a married woman or a widow is married to a man under the false pretence that she is unmarried, the principal person responsible for such a marriage as well as the woman who contracts such a marriage wilfully, if she has already attained the age of 16 years, can be imprisoned for a term not exceeding one year.

Generally a man cannot marry another woman if his spouse is alive or without annulment of the marriage through divorce in accordance with the law. However, a man can remarry if the wife become insane and is incurable; in case no child is born or remains alive within ten years of marriage; if the wife becomes lame and is unable to walk, if she becomes blind in both eyes, and if the wife lives separately after obtaining her share of the property.

It should be noted that the above points are applicable only to male members of our society. A female cannot marry under any of the circumstances mentioned above.

It should also be noted that if a man commits bigamy for any other reason than the reasons mentioned above, a paltry imprisonment term of 1-2 months is meted out. Thus, polygamy is a common feature, especially in the rural communities of Nepal.

Child marriage is totally against the law although it is not uncommon. The maximum sentence for people arranging or getting children marriage is three years’ imprisonment.

Divorce: In Nepal, the grounds for legal divorce for women are: if the husband brings another wife; if the husband drives her out; if the family does not provide her with food and cloths; if the husband deserts her and lives separately without seeking any news of her and without taking care of her for a period of three years continuously or more: if he commits any act or indulges in any conspiracy to kill her, or causes physical disability or any severe physical suffering to her: if the husband
becomes important, and in the event of mutual consent.

If the instigator of the divorce is the husband, he has to look after his wife for five years, and , as mentioned earlier, she cannot claim a share of her husband’s property after divorce, neither can
she retain her share if she divorces
after partition.

Rape: If a man rapes a girl who is below fourteen years of age, he shall be imprisoned for a term ranging from 6-10 years and if the woman is above fourteen years, he shall be imprisoned for a term ranging between 3-5 years.

Regarding rape cases, the burden of proof lies on the woman. Due to this and the inviolability of closed court hearings, many rape cases go unreported.

Trafficking: No person can entice anybody to take him or her outside the territory of Nepal with the intention of selling that person. If he or she does so, and is caught before the sale of a human, he/she shall be imprisoned for ten years, and if the sale has completed, he/she shall be imprisoned for twenty years. If the purchaser is found within the territory of Nepal, he faces the same imprisonment terms as the seller, and the monetary transactions are nullified and the seller, in addition to the punishment described, will be fined an amount equivalent to the face value of the transaction. But there are no separate laws dealing specifically with women and girl trafficking.

Abortion: Any person doing an act which results in abortion, except an act done for the protection of an expectant mother, or anyone who gets an abortion accomplished, or anyone assisting in the act of abortion is liable to punishment. Any act done on pregnant women out of ill will, which results in abortion, is punishable, even if it was not with the intention of abortion. If the abortion is committed with the knowledge that the woman is pregnant, it is punishable by a sentence of a three months term if the embryo is of six months or less, and by a sentence of six months if the embryo is more than six months old. If the offence is committed without the knowledge that the woman is pregnant, the punishment is a fine of Rs 25 if the embryo is six months or less, and Rs 50 if above six months. Likewise, anyone who causes abortion of a woman embryo without her consent shall be punished with imprisonment of up to two years if the embryo is six months or less, and up to three years, if the embryo is more than six months old. If abortion is carried out with the consent of the woman on whom the abortion is done, both the woman and the person causing the abortion shall be punished with an imprisonment term of one year each, if the embryo is six months or less, and with an imprisonment term of one and a half year, if the embryo is above six months. An attempted abortion causing the birth of a live child is punishable with half of the imprisonment term mentioned above.

Proceedings against the offence can be carried out only if the complaint is made within three months from the date of the offence. If the offender himself/herself reports, there is no time limit for the proceedings.

Conclusion: Though the Constitution guarantees equality to all its citizens, discriminatory laws are still prevalent which are a hurdle in guaranteeing substantive equality to women. These need to be repealed and amended, and the government needs to take its national as well as international obligations seriously. Guaranteeing rights in law is important, but what is equally important is its implementation. Rights without means are useless, and there is a need to create awareness amongst the women by educating them and giving them equal opportunities in all spheres of life. Judiciary, a strongest pillar of democracy, needs to remember its role in the establishment of an egalitarian society. Only then will democracy assume a better meaning, where equality before law and equal opportunities are guaranteed to all the citizens.