Incident Reports

How practical are the rights of women mentioned in the constitution?

2021-03-10

Looking at the legal history of Nepal, the right to equality has been provided as a fundamental right in the old constitutions such as the Statutory Law of the Government of Nepal 2203, the Interim Government of Nepal 2006, the Constitution of the Kingdom of Nepal 071, the Constitution of Nepal 2018.

The constitution drafted in 1947 BS after the political change of the country has provided constitutional treatment by providing various fundamental rights including the right to equality. How discriminatory are the laws enacted for the rights of women mentioned in the constitution in practice or have the discriminatory legal provisions been repealed or not? Article 20 of the Interim Constitution of 2006 states that for the first time, women's rights have been provided as a fundamental right in the constitution, says Rukmani Maharjan, Associate Professor of Nepal Law Campus.

Article 20 provides for non-discrimination on the grounds of being a woman, the right of every woman to reproductive health and reproductive rights, the punishment of physical, mental or any other form of violence against any woman, and the equal rights of sons and daughters to ancestral property. She says that the implementation of the right is zero.

There are problems in the implementation of the social, cultural and legal structure as mentioned in the constitution. There is no equal pay for equal work for men and women in the private sector in Nepal. For example, getting citizenship in the name of the mother.

National/Online Media

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