SUPREME COURT: PASSPORTS TO WOMEN WITHOUT

C O N F I D E N T I A L KATHMANDU 002649 SIPDIS SIPDIS DEPT FOR SA/INS NSC FOR RICHELSOPH E.O. 12958: DECL: 11/30/2015 TAGS: PHUM KWMN PGOV NP SUBJECT: SUPREME COURT: PASSPORTS TO WOMEN WITHOUT DISCRIMINATION REF: KATHMANDU 2077 Classified By: Charge Elisabeth Millard. Reasons 1.4 (b/d). Supreme Court: Issue Passports Without Discrimination -------------- -------------- ¶1. (U) On November 28, in a landmark decision, the Supreme Court directed the government to issue passports to women under 35 years of age, without requiring consent of their guardians. Two female petitioners challenged the Cabinet decision of 1995, which barred government authorities from issuing passports to women under 35 years of age without consent of their parents in the case of unmarried women, and husband in the case of married women. Terming the provision discriminatory against women, the Court instructed the government not to impose any such restrictions against women who wanted to obtain passports. The bench cited Article 12 (2) of the Constitution which guarantees certain fundamental rights to the people, the 1948 Universal Declaration, and the 1966 Covenant on Civil and Political Rights. Activists Welcome Ruling -------------- ¶2. (SBU) A November 30 editorial in the English language daily Kathmandu Post entitled "Empowering Women" hailed the Supreme Court's decision as "highly significant" for women's rights. It explained that although the government had enacted the restriction to deter large-scale human trafficking to brothels, the concern "must be properly addressed but not by denying equal rights to women." It noted that though the ruling would ease Nepali women's fight for their rights, "it is at the social level that the fight has to be carried on and it is here that the ruling could help the crusaders convince the society to become more liberal and accept the needs of the times." Sapana Malla, head of local NGO Forum for Women and Law, told Emboff that the ruling was "very positive news." She noted that the law had been very discriminatory. Dunga Ghimire of ABC Nepal, a local women's rights NGO, was also pleased with the decision. She told Emboff "I am proud that my daughter can now apply on her own for a passport as she goes for further studies in the U.K." Comment -------------- ¶3. (C) This Supreme Court verdict follows a ruling in September (reftel) ensuring citizenship rights to children born of single mothers. The Supreme Court is working to address long-standing societal inequalities and grievances that the Maoists have exploited in their recruiting efforts. MILLARD