National 7 (Spotlight Weekly)

Built-in Biases

Despite several amendments to the legal system, many provisions are still discriminatory

By NIRAJ POUDYAL

Almost every aspect of Nepalese society still remains male-dominated. Economic and social discrimination against women is rampant everywhere. Since the dawn of democracy 50 years ago, successive political systems have worked to confer legal equality to women in various ways. There is a clear recognition that the status of women cannot be improved unless their rights to equality and self-dignity are enshrined in the legal framework of the state.

Women folk : Hounded by descrimination

There are many provisions guaranteeing women's rights in Nepalese constitution and other bodies of law. After the formation of the Civil Code 2028, clear provisions for the minimization of prejudices and discrimination against women have been included in many acts. Legislative deliberations continue to embody the principle of strengthening the legal underpinnings of women's rights.

Nevertheless, 53 provisions continue to support gender biases, according to an eight-member high-level commission led by Kashiraj Dahal, secretary to the Judiciary Council, set up to re-evaluate laws that encourage biases against women. A similar study was recently conducted by a non-governmental organization, Forum for Women, Law, Development, with support from the Asia Foundation. It found that more than 150 provisions in the legal framework of Nepal are biased against women.

Both studies have pinpointed legal provisions that obstruct women from taking advantage of opportunities. Because of these biases, women are far more backward than men are. Only 42.42 percent of Nepalese women are literate, compared to 65.08 men. Males comprise a staggering 91 percent of the civil service. Life expectancy of women is lower than men's by 0.50 years.

"Women in Nepalese society are backward not only in villages but also in urban areas," said Sapana Malla Pradhan, a senior advocate working for women's empowerment. "There are provisions in the constitution and the acts which are in favor of women's development and protection, but those lines in the acts which are against equality cannot be ignored." She was speaking at a briefing program on the findings of the study on special measures for women and their impact.

At the same occasion, women activist and senior leader of CPN-UML Bidya Devi Bhandari said, "Though the government of Nepal has signed many international treaties and conventions it has still to modify its national legal measures that are biased." Member of National Assembly Yankila Sherpa and Human Rights Commission member Indira Rana also expressed their views on the study.

To wipe out disparities that are pushing women backward, these studies have proposed some solutions. Both studies have emphasized the empowerment, preservation and development of women. The studies stress that the state should launch educational and acknowledgment programs to reduce social inequalities. Simplification of women's access to the criminal justice system is also one of these suggestions.

The studies have spotted biased provisions in the Army Act, Land Act, Bonus Act, Civil Servant Saving Act, Income Tax Act, Children's Act, among others. Similar discriminatory provisions in about 36 manuals have been found.

Studies and seminars could show the path for policy makers to some extent, but they cannot be the path. Greater commitment and determination among policy makers and law-enforcement agencies are central to eradicating biases against women.