October 2013 Refugee Documentation Centre Country Marriage Pack Nepal Disclaimer Country Marriage Packs (CMPs) are prepared by researching publicly accessible information currently available to the Refugee Documentation Centre within time constraints. CMPs contain a selection of representative links to and excerpts from sources under a number of categories for use as Country of Origin Information. Please note that CMPs are not, and do not purport to be, exhaustive with regard to conditions in the countries surveyed or conclusive as to the merit of any particular claim to refugee status or protection. 1. Types of Marriage Civil Marriage In a section titled “Nepal” a UNICEF document states: “At present, the Country Code’s Chapter on Marriage is the main law in Nepal that governs matters relating to marriage. The other legislation includes the Marriage Registration Act, 1971, and the Birth and Death and Other Personal Events (Registration) Act 1977. Even if Nepal is a multi-religious and multi- ethnic country, the uniform pattern of marriage law is applicable to all religions and ethnic communities irrespective of their culture and religion. Law provides that the age of man and the woman getting married must be 18 years in case the marriage is solemnized with the consent of the guardians and 20 years in case the marriage is solemnized without the consent of the guardians. This way it is made non-discriminatory on the basis of sex.” (UNICEF (2008) Early Marriage in South Asia: A Discussion Paper) Religious Marriage The Muluki Ain (General Code) of Nepal, in a section titled “On Marriage”, states: “Save within the relationship punishable under the Chapter on Incest, any marriage may be solemnized with one's consent according to one's own will and pleasure, subject to the provisions set forth in several Numbers of this Chapter.” (State of Nepal (12 April 1963) The Muluki Ain (General code)) 1 Traditional/Other Marriage A page on the Everyculture.com website, in a paragraph headed “Marriage”, states: “All groups in Nepal follow some form of clan, lineage, or local descent group exogamy, at least through the fifth generation. Hypergamy is not commonly practiced except among some Rajputs in the Terai and a few interethnic marriages where trade-offs are made between ritual status and class. However, for many groups marriages entail hypergamous relations among families and lineages as a post facto result of the higher status accorded wife takers over wife givers. For most high-caste Hindu groups dowry and bride- wealth is an important factor in marriages and an indication of the status of the families involved. Nevertheless, for most Tibetan-and Tibeto-Burman- speaking groups a ritual and often substantial payment is made by the groom to the bride's family. Cross-cousin marriage is not practiced among many groups such as the Sherpa and Hindu caste groups. However, the Thakuri permit and prefer cross-cousin matrilateral marriage. Other groups such as the Tamang and Nyinba prefer bilateral cross-cousin marriage. In general, most marriages are made between couples of the same generation. However, the average age of marriage partners is increasing as education becomes more important and available. Monogamy is the most common form of marriage in Nepal, although a few Individuals in most groups also practice polygyny.” (Everyculture.com (undated) Nepali – Marriage and Family) This webpage also states: “A number of Tibetan-speaking people, such as the Nyinba, Sherpa, and Baragaonli, practice variant forms of fraternal polyandry. Throughout Nepal most marriages are arranged by the Parents of the couple, though with varying degrees of involvement and control. Among high-caste Hindus, marriages have typically been arranged wholly through the decisions of the couples' families. Young men and women of Tibeto-Burman-speaking groups in the middle hills, on the other hand, have more occasion to interact with one another and may induce their parents merely to arrange marriage ceremonies for them. An unusual, and perhaps more legendary than actual, practice among Tibeto-Burman-speaking groups is wife capture. In such a case, following the abduction of a woman, both she and her family need to agree to a marital arrangement or the relationship is dissolved. Eloping is mainly practiced among more impoverished families. After marriage, couples typically live with the husband's extended family for a number of years. However, among the Sherpa marriage takes place in stages, perhaps for years. Thus a husband and wife may continue to live with their respective natal families for years and only visit each other. Once the wife's dowry is arranged and/or they have children, they move in together.” (Ibid) A report by United States Department of State, in a section titled ‘Women’, refers to polygamy as follows: 2 “Although the law generally prohibits polygamy, there are exceptions if the wife is infertile, sick, or crippled. According to the 2011 Nepal Demographic Health Survey, 4 percent of women and 2 percent of men lived in polygamous unions. Polygamists not covered under the above exceptions are subject to a one- to two-year prison term and a fine, but the second marriage is not invalidated.” (United States Department of State (19 April 2013) 2012 Human Rights Reports: Nepal) Also in this report under the heading ‘National/Racial/Ethnic Minorities’ it states: Resistance to intercaste marriage remained high and in some cases resulted in forced expulsion from the community. On July 1, according to media reports, a Dalit boy married a non-Dalit girl in Dhading District even though the bride’s parents opposed the marriage. As a result of the animosity, clashes broke out between Dalits and non-Dalits, forcing 10 Dalit families to leave their village under the threat of more violence. (ibid) However a report by Social Institutions & Gender Index (SIGI) under the heading ‘Discriminatory Family Code’ states: Polygamy is illegal in Nepal and is subject to two months’ imprisonment and a fine, but the law does not invalidate the second marriage itself. The 2006 DHS estimated that 4.4 per cent of married women in Nepal aged 15-49 were living in polygamous marriages, slightly fewer than the figure recorded in the 2001 census (5.7%). The 2010 CEDAW report notes that polygamous marriages, the first wife occupies a very low status in the family, leaving her more vulnerable to domestic violence than second wives (Social Institutions & Gender Index (SIGI) (undated) Nepal) A report published by the Asian Human Rights Commission states: “The Asian Human Rights Commission (AHRC) has been informed of innumerable cases of caste based discrimination in Nepal. Though Nepal has enacted Caste Based Discrimination and Untouchability (Offence and Punishment) Act, 2068 (2011) and has established a National Dalit Commission (NDC), caste based discrimination and human rights violations committed on the basis of caste remain pervasive in Nepal.” (Asian Human Rights Commission (9 March 2012) A Dalit man stabbed to death -- his family members are under threat following an inter-caste marriage) Another report published by the Asian Human Rights Commission states: “Most seriously, they are also refused the right to marry non Dalit partners. However, in spite of the continuity of the atrocities inflicted on Dalits in cases of inter-caste marriage, temple entrance and departures from the traditional occupations, the Government of Nepal has not seriously attempted to introduce or enforce legal provisions to deal with such practices. As mentioned earlier the society reaction to inter-caste marriage is particularly revealing of the extent to which the caste system continues to be deeply entrenched as marriage between a Dalit and a non-Dalit constitutes a direct challenge to the traditional hierarchy.” (Asian Human Rights Commission (23 3 July 2010) Nepal: ‘If not now maybe never’; Implementation of Anti-caste- based discrimination laws) A document published by the Advocacy Project, in a paragraph headed “Harassment”, states: “Inter-caste couples face violence and harassment from their community, and often end up living in isolation from friends and neighbors.” (Advocacy Project (January 2009) The Threat to Inter-caste marriage) A paragraph headed “Forced separation”, states: “Parents of the non-Dalit often try to intervene to prevent inter-caste relationships. Some even go as far as to forcibly separate their child from a Dalit partner.” (Ibid) A paragraph headed “Displacement” states: “Frequently inter-caste couples are forced to leave their village and even flee the country, to live far away from their parents and family.” (Ibid) An Australian Government Refugee Review Tribunal research response on the topic of inter-caste marriage in Nepal states: “According to the available information, inter-caste marriage does occur in Nepal, although it is still not that common, and such marriages can create problems between the lower-caste spouse and his or her in-laws. Sources suggest that attitudes to inter-caste marriage are slowly changing; however, recent reports were still found of inter-caste couples facing discrimination and violence within their community” (G. Australian Government Refugee Review Tribunal (21 January 2008) How prevalent is intercaste marriage? Is there any information suggesting that persons belonging to different castes who marry or have relationships suffer discrimination or more serious mistreatment for reason of their intercaste relationship? Proxy Marriage No information on