National 3 (Spotlight Weekly)

New Beginning

Conditional legalization of abortion and limited property rights to daughters are some of the highlights of the amendment

By SANJAYA DHAKAL

Amid assertions that illegal abortion, leading to its unsafe practice, has greatly increased maternal mortality rate in the country and growing demands from rights activists for ensuring equal property rights for daughters, lawmakers adopted the 11th amendment of the Civil Code.

After extensive debate in public forums and parliament, the amendment bill, more popularly known as the bill to provide property rights to women, finally got the green signal from the House of Representatives last week.

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During the last parliamentary session, the House had passed the bill, only to be rejected by the Upper House. This time, the bill was not constitutionally required to be passed by the Upper House and will be directly submitted for the Royal Seal.

The new amendment, which will come into effect after it receives the Royal Seal, has recognized daughtersí birth right to ancestral property at par with sons. Earlier daughters were entitled to parental property only if they remained unmarried until the age of 35. Besides, parents are now liable to take care of their daughters just like their sons and provide them with education and health care.

But women rights activists complain the law is incomplete because of the provision forcing daughters to return their share of property once they get married. Bandana Rana, president of Sancharika Samuha, is quite vocal in criticizing the provision. "It is absurd to force daughters to return the property after marriage. Hypothetically, wouldnít it trigger incidents of out-of-marriage live-in relationships or child marriage?"

She, however, admits that the amendment has some progressive clauses regarding abortion and rights of divorced women. "In fact, the provision of returning the property contradicts another provision in the same amendment that allows a woman to take all of her share of her husbandís property in case of divorce."

The amendment also has given right to widows, who will now be entitled to the share of the husbandís property even after she re-marriage. "Indeed, the new provisions appear progressive. But as I have not yet studied the bill in detail, I am unable to fully express our position," said Sharada Sharma, chief, women section of the Family Planning Association of Nepal (FPAN). The FPAN has been constantly involved in raising the issue of womenís reproductive health rights.

The new amendment has made abortion legal under certain conditions. For instance, a woman can undergo abortion upon her will until the 12th week of pregnancy. Likewise, in case of pregnancy, due to rape/incest, she can undergo abortion until 18 weeks. Furthermore, if there is any risk to her life or mental or physical health, abortion can be conducted any time.

"It is welcome that abortion has been made legal under certain conditions. But I think the amendment lacks details of quality care of women," said Sharma.

According to Sharma, the FPAN had introduced a private bill on protection of pregnancy, which could not be passed due to various reasons, a few years ago. "In that bill, we had included details of womenís reproductive health rights. Unfortunately, it could not be passed."

Rana, too, agrees that while legalization of abortion under certain conditions is welcome step, it is now necessary to expand medical services so that even rural women can have access to these facilities.

Meanwhile, many people are still claiming that legalization of abortion could lead to selective killing of foetus as Nepalese society is yet to shake off its obsession with male children. Likewise, they say that ensuring right of education rather than that of property is more important.

"Already the courts are full with cases of property disputes between brothers. Now it will also attract sisters into the wrangle. Ultimately, it could lead to family disturbances and social upheaval," said a legal practitioner, on condition of anonymity.

Women rights activists are clamoring for more rights, however, shrugging off these charges as being guided by male chauvinism.