Analysis of Rights and Duties in Nepal
Women's Property Rights Movement in Nepal
by Binda Pandey
Nepal is still running under strong feudalistic social values and norms. There were no clear provisions regarding Nepalese women and property rights until 1975. Following the UN Declaration of 1975, which was International Women's Year, the Nepali government began to celebrate International Women's Day on the 8th of March. That same year, the Civil Code was amended and a clause on women's inheritance and property rights included. The clause states that if a woman remains unmarried up to 35 years of age, she would have a right to inherit property. However, the amendment limits itself as it continues "if she gets marriage after having property that should be returned back to the brothers by deducting the marriage cost."
With the restoration of multiparty democracy in 1990, the new constitution guaranteed that no one should be discriminated against on the basis of sex. Furthermore, in 1991, the government ratified the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW-1979). The nation's Women's Movement demanded that all inequalities in Nepali law be eliminated and focused attention on the equal right of women to inherit property. All political parties have included this demand in their respective election manifestos. The opposition party in parliament, the Communist Party of Nepal-Unified Marxist-Leninist, has raised this issue repeatedly but the government has neither considered it seriously, nor taken any initiation to amend discriminatory laws.
In 1993, a case was finally filed in the Supreme Court with a demand to amend the Civil Code to give women equal rights over property.
After two years, in 1995, the Supreme Court issued a directive to the government to introduce a Bill in parliament that would guarantee a woman's rights to inherit property.
Following the Supreme Court directive, the Ministry of Women and Social Welfare drafted a Bill, popularly
by Binda Pandey
Nepal is still running under strong feudalistic social values and norms. There were no clear provisions regarding Nepalese women and property rights until 1975. Following the UN Declaration of 1975, which was International Women's Year, the Nepali government began to celebrate International Women's Day on the 8th of March. That same year, the Civil Code was amended and a clause on women's inheritance and property rights included. The clause states that if a woman remains unmarried up to 35 years of age, she would have a right to inherit property. However, the amendment limits itself as it continues "if she gets marriage after having property that should be returned back to the brothers by deducting the marriage cost."
With the restoration of multiparty democracy in 1990, the new constitution guaranteed that no one should be discriminated against on the basis of sex. Furthermore, in 1991, the government ratified the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW-1979). The nation's Women's Movement demanded that all inequalities in Nepali law be eliminated and focused attention on the equal right of women to inherit property. All political parties have included this demand in their respective election manifestos. The opposition party in parliament, the Communist Party of Nepal-Unified Marxist-Leninist, has raised this issue repeatedly but the government has neither considered it seriously, nor taken any initiation to amend discriminatory laws.
In 1993, a case was finally filed in the Supreme Court with a demand to amend the Civil Code to give women equal rights over property.
After two years, in 1995, the Supreme Court issued a directive to the government to introduce a Bill in parliament that would guarantee a woman's rights to inherit property.
Following the Supreme Court directive, the Ministry of Women and Social Welfare drafted a Bill, popularly