Current Feminist Movement in Nepal
- Bina Devi Rai
Nepal
has gone through three revolutions in the last 60 years, and the issues related
to women have been an integral part in them. Women have so far achieved a lot
in various sectors such as 33% reservation for women in political parties and
right to inheritance of property. However, it is important to reinforce the
self-confidence, self-worth and capability of women as effective participants
in decision-making structures and processes.
Moreover,
the diversity within women in relation to caste, ethnicity, religion, region
and economy that play a vital role in the matter of equality is one of the
major issues of women’s movement in Nepal. Therefore, the inclusive
proportional representation is highly emphasised. Similarly, Planet 50-50 by 2030: Step It Up for Gender
Equality campaign is another contemporary feminist movement for gender
equality even in Nepal.
Discouraging Administrators
In
the last 15 years, domestic violence, polygamy, denial of property rights and
rape, were some key issues on which women sought assistance and cooperation
from the police, the administration and the courts. The authorities prioritised
to restore harmony within the family or concerned people instead of favouring
the victim. Even regarding the registered cases, the police administration did
not take initiative to arrest the accused. Instead, the victims faced threats
from the police for attempting to make the incident public. In one case,
Assistant Police Inspector Mohan Bahadur Gharti threatened a family of a
12-year-old girl of Bamitaxar VDC-1 of Gulmi distirct when it approached Bami
Police station to register a case naming Raj Rana, 26 of the same VDC for
raping the girl near her house on 1 August, 2008.
Women
were dissatisfied with such a discouraging practice. Women throughout the
country at several times took part in rallies, protests and demonstrations, and
picketed offices of the district administration and the police in cases of
domestic violence, trafficking, rape and other forms of exploitation of women.
At present, rape victims can file the case within 6 months after the incident
which was earlier supposed to be filed within 35 days of incident.
Provision of Security during Legal
Battle
Another
dimension of such crime is the lack of provision to support the victims regain
health and psychological order. Some argue that alleged victimisers must bear
the treatment cost and other expenses during the legal battle. Yet some others
argue that the supposed victimisers are only inflicted on the charge of crime
so, the government should arrange necessary resiliency preparations for the
victims during the legal battle.
Issue of Citizenship
In
the last few years in the processes of formation of federal states and
constitution-drafting, the case of issuance of citizenship cards for the
children born from foreign partner have been a great issue. So, the current
feminist movement in Nepal is about the citizenship issuance process.
Although
the infamous clause that said that a person can be Nepali only if both the
parents are Nepali is now removed, Nepali mothers, especially single, are still
discriminated. A single mother has to prove that the father is not a foreigner
and that the child was in Nepal before she can confer citizenship to her child.
The Article 11(5) says - A person born to a Nepali citizen mother and having
his/her domicile in Nepal but whose father is not traced, shall be conferred
the Nepali citizenship by descent. Provided that in case his/her father is
found to be a foreigner, the citizenship of such a person shall be converted to
naturalized citizenship according to the federal law. This article does not
state clearly what the second use of ‘person’ means. Moreover, in a formal
interview, the PM of Nepal clearly said the child/children born will get
citizenship by descent; only the foreign partner will get citizenship by
naturalisation.
Patriarchy still guiding the Law
Makers
Another
facet of provision of citizenship is the different treatment toward male and
female. A woman does not have automatic right to transfer her Nepali
citizenship to her foreign spouse like men do. Foreign women marrying Nepali
citizens can get Nepali citizenship in two years up on relinquishing their
original citizenship. The requirements are stricter for male foreigners
marrying Nepali females; it requires 15 years of residence and still it is not
automatic like in the case of women married to Nepali citizens. This is indeed
a reflection of patrilineal mindset.
Contrastive Legal Provisions
Although
the constitution agrees to proportional representation of women in all state
structures it is silent when it comes to specific institutions. For example,
the articles on the formation of federal or state cabinets only say that
inclusion shall be ensured, without mentioning anything about women. And there
is no provision whatsoever to ensure participation of women in the judiciary.
The widely used words, ‘proportional’ and ‘inclusive’ are left undefined. The
basis for proportional representation is not determined. Also, many rights are
to be ensured only after the enactment of acts and laws. What happens if the
laws are not drafted? Similar is the case of inheritance of property, which is
ambiguous. Gender based discrimination is prohibited, but not made punishable.
Although
the new constitution vows to do away with gender-based discrimination,
controversial clauses still relegate women to the position of second-class
citizens. The victims of traffickers are most often unable to get justice
because of inaction of the law. A trafficker is supposed to be charged pursuant
to Trafficking in Persons and Transportation (Control) Act, but they are
charged pursuant to Foreign Employment Policy. The law is framed so as the
victims can get justice, however, implementation complexity is a bar.
Likewise,
property right is also a significant agenda of feminist movement. After a long
term struggle, finally, the inheritance of property by a married daughter has
been passed as a law in 2072 BS. However, this is still controversial because
such inheritance is possible only after consultation with family members and
daughter(s) staying together. The term ‘;uf]nsf]
5f]/L’
has made this clause more confusing.
Re-marriage
Next
burning agenda is about remarriage. Despite the provision of law for no
discrimination based on sex, we find patriarchal value imposed on the provision
of re-marriage. With the consent of wife, a husband can marry another woman and
keep both as wives. However, permission to have more than one husband is not
provided to women. Whether to have multiple wives or husbands is a separate
issue, but flexibility favouring men is the continuity of patriarchal thought
and Hindu practice. This is contradictorily against the law of equality
regardless of sex which definitely promotes violence against women at home, and
devalues their dignity and self-esteem.
On
March 23rd, Nepal hosted its first ever Girl Summit as part of its
commitment, following the 2014 London Girl Summit, to end child marriage by
2030. Nearly half of all women in Nepal between the ages of 20 and 49 were
married before their 18th birthday, of these, 15 per cent were not even 15
years old at the time of marriage. It was to end this harmful practice that
infringes on the rights of girls as well as boys that the Government of Nepal
in 2014 pledged to end child marriage by 2030. The Ministry of Women, Children
and Social Welfare has rolled out a special adolescent Girls Empowerment
Programme to achieve this.
LGBTQ
Issues
related to lesbian, gay, bisexual, transgender, and intersex (LGBTI) community can
be discussed within feminist movement since it is related to gender roles and
understanding. Initially, funding allocated for HIV response helped to
galvanize LGBTI advocacy in Nepal, according to a UNDP country report. As
of 2001, there was no organized LGBTI organisation in Nepal so activists
combined forces to establish the Blue Diamond Society (BDS). At that
time, Nepal’s constitution did not recognize sexual or gender minorities, so
BDS registered as a sexual health programme NGO. Since its inception, BDS has
been at the forefront of LGBTI advocacy, education, and programming in Nepal.
The
main LGBTI-specific provisions included in the constitution are Article 18,
“Right to Equality,” which states that the state or judiciary cannot
discriminate against gender and sexual minorities; and Article 42, “Right to
Social Justice,” which provides gender and sexual minorities with the right to
participate in state mechanisms and public services. Additionally, Article 12
ensures that citizens of Nepal can choose their preferred gender identity—male,
female, or other—on citizenship documents. However, there is not any provision
for such groups in concern with property inheritance.
Recommendations
The
best possible way to assuage such problem is to form uncontroversial
clauses/laws. Discussion with feminist advocates and social scientists in the
process of formulation of ordinance is very important in order to alleviate
such problem. Assessment of real picture of present Nepalese society and
consideration of human rights and foreign practice are also significantly to be
appraised. Moreover, the lawmakers and law enforcement agencies must be free
from ‘dead habit’, old obsolete unprogressive patriarchal ideologies. Practice,
such as menstruation taboo (untouchability of women based on purity), guided by
religion that advocates patriarchy must be abolished on social practical
ground. Next, use of definite and accurate law against crime is very important.
Swindling provisions and acts have immediately to be ceased. It is also important to reinforce the
self-confidence, self-worth and capability of women as effective participants
in decision-making structures and processes. More importantly, the information
of the laws, opportunity, and service providers for different types of crimes
and problems must be spread throughout the country so that every woman can get
justice and enjoy the given rights.
