Current Feminist Movement in Nepal

                 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 23^rd, 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.

Sexuality in Nepali Society: Dynamics of increasing rape cases in Nepal

Sexuality in Nepali Society

Dynamics of increasing rape cases in Nepal

-         Amit Tamang

The cases of rape have frequently been reported in the Nepali media these days. And activists-led demonstrations voiced for justice and protection of women. Nepali children, wives and woman-as-a-whole have endured years of suffering and privation. It is evident that patriarchal thought and caste-based discrimination have still suppressed Nepali society though the society is in a transitional phase of change due to globalisation and westernisation.  Yet incompatible and fragmented ideas have made Nepali society a nebulous one.

In this article, I have tried to connect the rape incidents to some sociological explanations about sexuality, deviance and socialisation. We should take care not to prejudge the issue or misreport the facts of the case, and in fact, extensive researches need to be conducted in order to understand the attitude of Nepali people toward ‘sexuality’.

Myth of Acquaintance Rape

Nepal has mostly witnessed date rape, and the victims are chiefly children, who are not even physically well grown to be fit for sex. Even in the USA, according to U.S. Bureau of Justice Statistics, in 2005-10, 78% of sexual violence involved an offender who was a family member, intimate partner, friend, or acquaintance.

A myth, often linked to date rape, is that the victim of rape must have done something to encourage the man and make him think she wanted to have sex. Perhaps the victim agreed to go out with the offender. Maybe she even invited him into her room. But of course, acting in this way no more justifies rape than it would any other kind of physical assault.

Beyond the brutality of being physically violated, rape by an acquaintance also undermines a victim’s sense of trust. Involvement of father, grandfather, other family member, acquaintance, pastor and even police officer in (gang) rape has obviously increased a feeling of disbelief in Nepali community.

Role of Nature or Nurture for Crime

In 2003, scientists at the University of Wisconsin reported results of a 25 year study of crime among 400 boys. The researchers concluded that genetic factors (especially defective genes) together with environmental factors (especially abuse early in life) were strong predictors of adult crime and violence. They noted, too, that these factors together were a better predictor of crime than either one alone.

Psychologists such as Walter Reckless and Simon Dinitz have shown that personality patterns have some connexion to deviance. Some serious criminals are psychopaths who do not feel guilt or shame, have no fear of punishment, and have little sympathy for the people they harm. This fits the case of rapist as shown on the BBC Four documentary which was banned by the government of India. However, in the case of biological factors, most serious crimes are committed by people whose psychological profiles are normal.

Catalyst for Crime

According to Edwin Sutherland, a person’s tendency toward conformity or deviance depends on the amount of contact with others who encourage – or reject – conventional behaviour. Studies in the USA have also found a strong link between aggressive behaviour and the amount of time elementary school children spend watching television and video games. Some critics also claim that pornography is a cause of violence against women. Even the word pornography comes from the Greek word porne, meaning “a man’s sexual slave’. Although it is difficult to prove a scientific cause-and-effect relationship between what people view and how they act, the public shares a concern about pornography and violence, with almost half of adults holding the opinion that pornography encourages people to commit rape as reported by an independent research organisation NORC at the University of Chicago.

Sexism deeply rooted in culture

Violence against women is due to sexism – prejudice based on gender. Besides religion, our art, literature, politics, economies, and other deeply rooted institutions are heavily laced with gender bias. Sexism is so deeply rooted in virtually every culture that it almost appears natural and often goes unnoticed and unchallenged. Say, one says ‘as if he is wearing bangle’ (ke haatmaa chura lagaeko chha ra yasle) to mean he has not put on bangles and he can fight back. Even vulgar descriptions of sexual intercourse usually refer to what men do to women, thus demonstrating male power and feminine passivity. Even terms of endearment for women are often diminutive.  Whether the society is open, in terms of sexuality, like the USA or more conservative like India and Nepal, rape and violence against women occur more frequently because patriarchal thoughts prevail in most societies in the world. At least in our context, mind-set like that of the defence lawyers for the rapists of Delhi rape case exemplify, may be, one of the proclivities for rape.

Cultural revival is a must

Sex is obviously an integral part of human beings as shown even by archaeological findings. Though human history is not free from forcible sex, extra-marital sex and gang rape, it’s a postcolonial period and any form of violence against women and under-aged girls must be brought to an end. Many pages may get filled and many hours may get spent, the time has come now to discuss openly about sexuality, sexism, and female-male equality in family, school and community. Mass media can play a highly appreciable role in doing so while anthropologists, sociologists, historians and psychologists can contribute, with their deep knowledge about history and nature of humans and their thoughts, to transform threatening (to social order) cultural traits and beliefs along with wrong practices of socialisation. Nepal Government should actively and providentially be on its mettle to edify and propagate the people with the idea of gender equality and respect to women along with the strict criminal judicial provisions. It’s a good sign that our societies have now gathered much courage to report such crime and ask for justice.