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Women in Nepal

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Through Nepal, Social norm and Rights

Despite the difficult post-conflict transitional context, today, Nepal is not only rapidly progressing towards economic development, it is also achieving targets for poverty and hunger, universal primary education, child mortality, maternal health and gender equality and women's empowerment. Women's representation in the Constituent Assembly has dramatically increased to 29% in the November 2013 elections from 2.9% in 1991 (in the then parliament). Women are now taking leadership roles and participating in decision making at all levels. There has been increased government involvement to increase accountability and monitoring of gender equality commitments and to establish and strengthen linkages between the normative and operational aspects of gender equality and women's empowerment. Today, Nepalese women are defying cultural traditions, and are becoming community leaders, environmentalists politicians and business owners. In October 2015, Nepal elected its first female president, Bidhya Devi Bhandari. Other famous Nepali women include CNN Hero of the Year winners Anuradha Koirala, Pushpa Basnet, first female to climb Mt. Everest Pasang Lamu Sherpa, international award-winning athletes Mira Rai, Phupu Lhamu Khatri, and the first female chief justice Sushila Karki.

Although roles and status of women in modern Nepalese society has undergone a massive transformation and their rights have been secured by the constitution, enforcement outside the few major cities has been a lax. Given that Nepalese society is heavily influenced from the Hindu system of beliefs emphasizing patrilineal descent and a patrifocal residence system, implementing certain aspects of these laws have been a challenge. The rugged, mountainous topography adds to this issue. In these remote places, gender disparity still exists, women have limited control, are restricted to household work, deprived of education, discriminated based on caste, and have poor healthcare access. Existing laws are inadequate to deal with sexual offenses and Nepal has no law to deal with sexual harassment. Nepalese women are more vulnerable to rape and domestic abuse, and young women risk being trafficked to the brothels of India. There exist also many superstitions and taboos related to caste and mensuration leading to unequal treatment of women. In these cases, they are not allowed to touch drinking water, have to live away from the house secluded, and cannot perform/attend religious activities, while menstruating.

Law

The Constitution of the Kingdom of Nepal of 1990 contained a guarantee that no person should be discriminated against on the basis of sex, and, in 1991, the government ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

A 1975 amendment to the civil code introduced the first clear provision on property rights for women. It ruled that a woman who remained unmarried up to 35 years of age had a right to inherit property. In 2002, a bill was passed granting women the right to inherit property from birth, specifying however that at the time of marriage any property must be returned to the parent's family, with the wife obtaining equal right to her husband's property instead. The 2002 bill included also other provisions on women's rights, in particular granting a woman the right to divorce under certain conditions, a legalization of abortion, and increased punishments for rapists. The Interim Constitution 2063 of Nepal has some provisions to uplift the status of women. The constitution says that a daughter can get equal parental property as son if she asks, a woman can divorce her husband and get 50% of his property, a child can acquire citizenship in the name of his/her mother, in every governmental office a 20% quota for female must be preserved, and 33% of seats are preserved in parliament for women. These efforts are done so that women can be in the mainstream politics of the country and be socially and economically strong.

Nepal outlawed marital rape in 2006.

In February 2021, In an effort to combat sex trafficking, The Department of Immigration proposed a policy requiring women under 40 to have a letter and permission from family to travel abroad. Human right advocates believe the proposal discriminates based on gender and age. Those critical of the policy believe it would force women into undocumented employment, actually increasing the risk of trafficking and abuse.

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