Identifier
Created
Classification
Origin
06KATHMANDU867
2006-03-31 12:07:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:
POSITIVE SUPREME COURT DECISION ON GENDER EQUALITY
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C O N F I D E N T I A L KATHMANDU 000867
SIPDIS
SIPDIS
DEPT FOR SCA/INS, DRL
E.O. 12958: DECL: 03/31/2016
TAGS: PHUM PGOV NP
SUBJECT: POSITIVE SUPREME COURT DECISION ON GENDER EQUALITY
REF: A. 05 KATHMANDU 2649
B. 05 KATHMANDU 2885
Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d).
Divorce Law To Be Equal For Men and Women
-----------------------------------------
C O N F I D E N T I A L KATHMANDU 000867
SIPDIS
SIPDIS
DEPT FOR SCA/INS, DRL
E.O. 12958: DECL: 03/31/2016
TAGS: PHUM PGOV NP
SUBJECT: POSITIVE SUPREME COURT DECISION ON GENDER EQUALITY
REF: A. 05 KATHMANDU 2649
B. 05 KATHMANDU 2885
Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d).
Divorce Law To Be Equal For Men and Women
--------------
1. (U) On March 30, the Supreme Court ruled that the
provision in the Civil Code allowing men to divorce women on
the grounds of a woman's infertility was contrary to the
constitutional guarantee to equality. Under the old law, a
married man could seek divorce after ten years of marriage if
a government medical board proved his wife was infertile.
"The provision in the Husband and Wife Relations Section of
the Civil Code has been declared ultra vires," the Court
wrote in its verdict upholding gender equity. The verdict
was the result of public interest litigation filed by a local
NGO. The Court ordered the government to promulgate a Civil
Code law that was equal for men and women.
Ruling Elevates Status of Women
--------------
2. (C) Sapana Malla, President of the Forum for Women, Law,
and Development, the local NGO that took the case to court,
told Emboff that this was a "very good decision by the
Supreme Court." She explained that the changes go into
effect immediately, which was the best result possible as
"women neither need to wait for the Parliament to act, nor do
they need to wait for the government to formulate a new law."
She also stressed that "the ruling dispelled the myth of
many Hindus" that only women could be infertile and
recognized that men could also be infertile. She hoped that
the ruling would also pave the way for more Nepali families
to consider adoption, which she noted would be good for
Nepali society.
Comment
--------------
3. (C) The Supreme Court is working to address long-standing
societal inequalities and grievances that the Maoists have
exploited in their recruiting efforts. This Supreme Court
ruling increasing women's rights follows the November 28
ruling (ref A) that women can get passports on their own, and
the December 15 ruling (ref B) that married women can dispose
of property on their own.
MORIARTY
SIPDIS
SIPDIS
DEPT FOR SCA/INS, DRL
E.O. 12958: DECL: 03/31/2016
TAGS: PHUM PGOV NP
SUBJECT: POSITIVE SUPREME COURT DECISION ON GENDER EQUALITY
REF: A. 05 KATHMANDU 2649
B. 05 KATHMANDU 2885
Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d).
Divorce Law To Be Equal For Men and Women
--------------
1. (U) On March 30, the Supreme Court ruled that the
provision in the Civil Code allowing men to divorce women on
the grounds of a woman's infertility was contrary to the
constitutional guarantee to equality. Under the old law, a
married man could seek divorce after ten years of marriage if
a government medical board proved his wife was infertile.
"The provision in the Husband and Wife Relations Section of
the Civil Code has been declared ultra vires," the Court
wrote in its verdict upholding gender equity. The verdict
was the result of public interest litigation filed by a local
NGO. The Court ordered the government to promulgate a Civil
Code law that was equal for men and women.
Ruling Elevates Status of Women
--------------
2. (C) Sapana Malla, President of the Forum for Women, Law,
and Development, the local NGO that took the case to court,
told Emboff that this was a "very good decision by the
Supreme Court." She explained that the changes go into
effect immediately, which was the best result possible as
"women neither need to wait for the Parliament to act, nor do
they need to wait for the government to formulate a new law."
She also stressed that "the ruling dispelled the myth of
many Hindus" that only women could be infertile and
recognized that men could also be infertile. She hoped that
the ruling would also pave the way for more Nepali families
to consider adoption, which she noted would be good for
Nepali society.
Comment
--------------
3. (C) The Supreme Court is working to address long-standing
societal inequalities and grievances that the Maoists have
exploited in their recruiting efforts. This Supreme Court
ruling increasing women's rights follows the November 28
ruling (ref A) that women can get passports on their own, and
the December 15 ruling (ref B) that married women can dispose
of property on their own.
MORIARTY