An Update of Discriminatory Laws in Nepal and Their Impact on Women
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AN UPDATE OF DISCRIMINATORY LAWS IN NEPAL AND THEIR IMPACT ON WOMEN 1 2 AN UPDATE OF DISCRIMINATORY LAWS IN NEPAL AND THEIR IMPACT ON WOMEN 1.1 Status of Women in Nepal The total population of Nepal is 2,31,51,423 out of which 1,15,87,502 are women constituting 50.05 1 percent of the population. However, women face discrimination on the basis of sex and gender in various walks of life. The overall literacy rate of women is only 42.5 percent that is grossly low than 2 that of men, which is 65.1 percent. Studies on women’s status in Nepal reveals their secondary status and resulting oppression because of dominant Hindu religion and prevailing social and cultural norms 3 in the country. A single statement applicable to all the women in Nepal cannot be made as different groups of women enjoy different status. Hindu women and women belonging to indigenous ethnic groups such as Rai, Limbu, Gurung and so on have different rights and suffer from different modes of oppression. Women from indigenous groups enjoy more egalitarian rights, with equal or more access and control of resources; relatively higher degree of social mobility, and freedom within the private sphere. However their 4 participation in public sphere is negligible due to the dominant ideology of Bahunbad (Bahunism). In contrast, Hindu women have no autonomy within private sphere, but enjoy limited positions in the public sphere. Their oppression stems from the concepts of hierarchy, the caste system, traditional thoughts about food, and the high value of chastity. While discussing either group of women, one must recognize that the concept of gender equality is not novel in Nepal, though great discrimination prevails. In this chapter, an attempt is made to study the cumulative effect of social, economic and political forces resulting in various forms of discrimination against women. 1.1.1 Economic Status The dominant Hindu religion and culture have popularized a belief that women should be single statement applicable to all the women in dependent on men for income right from cradle Nepal cannot be made as different groups of to the grave. Men are considered as the sole Awomen enjoy different status. Hindu women and breadwinners of families, and women are viewed only as domestic and maternal. “Women’s work” women belonging to indigenous ethnic groups such as Rai, is confined to the household, and goes Limbu, Gurung and so on have different rights and suffer unaccounted for by the state and the family itself. from different modes of oppression. Their main responsibilities include household chores of cooking, washing, collecting fuel and firewood, fetching water, engaging in agriculture, 1 Nepal in Figures, 2003; The Central Bureau of Statistics, HMG/NPC-2003. 2 Nepal Human Development Report 2004, Empowerment & Poverty Reduction, UNDP, Nepal 3 Study on the Nepalese Women’s Status, CEDs, 1979 and Study on the Status of Women, Shtri Shakti (S2) 1991. 4 The term Bahunbad (Bahunism) refers to the dominance of one caste, one language, one religion and one culture over other in a multi-caste/ethnic, multilingual, multi-religious and multi-cultural Nepalese society. AN UPDATE OF DISCRIMINATORY LAWS IN NEPAL AND THEIR IMPACT ON WOMEN 3 maternity, and service to family members. Though some steps have been taken to include contribution of domestic labour in economic activities of the census 2001 by the Central Bureau of Statistics, women’s domestic labour goes unnoticed and unpaid for. The workload of Nepalese women is immense. Nepalese women work about 16 hours every day. Women who are engaged in employment focus mainly in agriculture works, carpet industries, as domestic labourers, or other wage labor activities. Women often resort to prostitution, or are kidnapped and sold as commercial sex workers. The Census of 2001 reports that 43.8 percent of women (i.e. 50,75,326 women) are participating in the labour force. Currently, it is estimated that both the government and non-government initiated micro credit programs to cater to the needs of about 30,000 women. This implies that they are serving only 5/ th 5 6 of the women who are participating in the labour force. Women’s workload may actually increase with the addition of development programs, including micro- credit programs, designed for their benefit. Women are now forced to perform triple roles: that of mother, of a traditional wife and of a community participant. Complicating economic disparity is increasing the feminization of poverty. Women have been deprived of equal property rights. This system leads to discrimination against girl child in food distribution, and the provision of clothing, health-care, education, and entertainment. This is because the female child has no lasting value to the family. 1.1.2 Socio-cultural Status Patriarchy persists as the dominant ideology under Hindu religion and culture. The religion and its 6 associated culture, norms, and values have prevailed for hundreds of years. Ram Charit Manas states, “Drums and idiots, outcastes, beasts, and women are fit only for beating.” Hindu scriptures also suggest that fathers, husbands, and even sons should control women. Popular sayings exemplify these beliefs, “let it be late, but it should be a son,” “the birth of a son paves the way to heaven,” “a daughter is born with doomed faith,” “it’s a sin if the groom kill the bride, charity if nurtured,” and “women are always shortsighted.” Of the various communities within Nepal, Hindu women often are the most oppressed having based on this ideology. An example of such practices is the fact that Hindu women are treated as untouchables during menstruation and for a maximum period of 22 days after birth of a child. Further distinctions are made with castes. The social practice of untouchability against Dalit women is still prevalent, though the Country Code of Nepal, 1963 has abolished it, but the status hough some steps have been taken to include of women belonging to the Bahun-Chhetris contribution of domestic labour in economic caste is better. Tactivities of the census 2001 by the Central Bureau of Statistics, women’s domestic labour goes unnoticed and unpaid Given the great diversity of Nepalese society, for. however, the status of women cannot be 5 The Shadow Report on the second and Third Periodic Reports of the Government of Nepal on the CEDAW Convention, CEDAW Monitoring Committee, Nepal and FWLD, 2003; P 41. 6 Some people follow a more egalitarian form of Hinduism. They rely on religious scriptures and Smritis, such as Manusmriti which offer contradictory views on the status of women. Women are sometimes portrayed as a symbol of power and compassion. Manusmriti states, “Gods rejoice where women are worshipped.” Many follow other world religions. 4 AN UPDATE OF DISCRIMINATORY LAWS IN NEPAL AND THEIR IMPACT ON WOMEN defined by Hinduism alone. There are 61 indigenous ethnic groups, and four races. Compared to Hindu women, indigenous women have relatively better status concerning social mobility, decision-making and sexuality. There are more than 125 languages and dialects spoken in the country. The status of women of various linguistic groups differs from one another.7 Finally, regional differences affect the status of women. The worst situation is of those women who live in the far-western and mid-western development regions because the government has always ignored implementation of development programs and allocation of adequate budget. Also, casteism is immense in these regions due to the existence of discriminatory traditional practices between the so called “high” and the “low” castes. Besides the subordination of girls and women, practices like child marriage, violence in marriage, dowry, chheupadi8 , deuki9 , badi10 , and jhuma11 are still prevalent in Nepalese society. 1.1.3 Political Status Nepalese women have been involved in political movement since the 1950s but several factors have prevented women from actively participating in local or national politics. These factors include: the dominant ideology of patriarchy, male chauvinism, criminalization of politics, lack of equal property rights, restrictions on women’s mobility, and domination of men in all political parties and the media. Politics is commonly thought to be controlled by 5-M, that is, Men, Muscle, Money, Manipulation and Mafia. Out of 205 members of the House of Representatives elected in the election of 1999, only 12 were women. Similarly, out of 60 members of the National Assembly, only 9 members are women Among the dozens of cabinet members and other ministers, only one woman minister used to be there and she is used to be given very small portfolios. Although the present Deputy Speaker of the House of Representatives is a woman, presence of women is grossly minimal in the higher public positions, including secretary, joint-secretary and under-secretary. An encouraging trend was the presence of approximately 40,000 elected women representatives at the Ward Committees in about 4,000 Village Development Committees (VDCs) and dozens of Municipalities as a result of new provision of twenty percent seat reservation made in the Local Self- n encouraging trend was the presence of Governance Act, 1999. However, due to the approximately 40,000 elected women on-going insurgency, no election of VDCs and Arepresentatives at the Ward Committees in about Municipalities could be held for the last two 4,000 Village Development Committees (VDCs) and dozens years. As a result, women’s participation in of Municipalities as a result of new provision of twenty percent these crucial bodies of local self-governance seat reservation made in the Local Self-Governance Act, 1999. is lacking. Moreover, women lack the power However, due to the on-going insurgency, no election of VDCs to contribute significantly even within these and Municipalities could be held for the last two years.