LANDMARK DECISION FOR WOMEN'S RIGHTS IN NEPAL

UNCLAS KATHMANDU 001583

SIPDIS

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E.O.12958: N/A
TAGS: PHUM KWMN PGOV NP
SUBJECT: LANDMARK DECISION FOR WOMEN'S RIGHTS IN NEPAL



1. SUMMARY: In a victory for women's rights, the Supreme
Court of Nepal declared null and void a law which had
required women to return inherited property to their
parent's family after marriage. Two committees, one in the
process of being formed, have been ordered by the court to
review the Muluki Ain (Nepal's Civil Code) and the
Constitution in order to identify gender-biased legislation
and to offer suggestions for amendment. END SUMMARY.


2. A year and a half ago, Sapana Pradhan Malla and Meera
Dhungana, the President and Treasurer of the Forum for
Women, Law and Development (FWLD),filed a writ petition
with the Supreme Court. (NOTE: Malla is a 2005 IVP nominee.
END NOTE.) Malla and Dhungana asked that the court review
Section 12 (A) of the Provision of Inheritance by Default of
Muluki Ain, 1963. This section of law states that a woman
must return any property she has inherited from her parents
when she marries. Finding the law to be discriminatory
towards women, the court declared it null and void on July
29, 2004.


3. The Supreme Court also issued a directive to the Prime
Minister's Office and the Cabinet to set up a panel to
conduct a study on discriminatory laws against women. This
panel is to consist of the Secretary of the National Human
Rights Commission and representatives from the Ministry of
Women, Children and Social Welfare, the Ministry of Law,
Justice and Parliamentary Affairs, public organizations
familiar with the issue and one sociologist. Though the
panel has yet to form, at the request of the Cabinet a
similar committee was formed last month to perform a similar
task. The existing committee is comprised of the Secretary,
Joint Secretary and Under Secretary of the Ministry of Law,
Justice and Parliamentary Affairs, a representative from the
office of the Attorney General, the President of the Nepal
Bar Association and the spokesman for the Supreme Court.


4. Dr. Ram Krishna Timalsena, Joint Registrar and
spokesperson for the Supreme Court, emphasized that the
committee will completely review the National Code as well
as the Constitution. Timalsena said the committee hopes to
look at various models of civil codes from the international
community; Japan, Germany and the U.S., among others. The
committee would then draft legislative recommendations to
eventually be reviewed and acted upon by the Nepal's
Parliament. This large task will take time, however, and
Timalsena expects the initial review to take at least one
year. [NOTE: The FWLD in 2000 composed a report compiling
laws it found to be gender biased. 118 legal provisions
within 54 laws were identified as discriminatory towards
women. FWLD plans to release an updated report by the end
of 2004. Timalsena said the committee would examine such
reports when reviewing legislation. END NOTE.]


5. COMMENT: The Supreme Court's decision is a major
accomplishment, particularly from a traditionally non-
activist court. Moreover, it is an example of a GON body
actually making good on an issue that the Maoists pay lip
service to. A thorough evaluation of all legislation is
needed, and the review committees should only be seen as an
initial step. Once discriminatory laws are identified
reform will be needed not just through the courts, but
through the legislative process as well. Unfortunately,
until a parliament is in place, new laws for the protection
of women cannot be created. END COMMENT.

MORIARTY