Women and Patriarchy in Nepal
The Legal System and Patriarchal Structure Continues to Discriminate
Aug 21, 2008
Women in Nepal experience extreme forms of discrimination throughout their entire life, according to the Danish Association for International Cooperation in Nepal. One of the fundamental principals of patriarchy is a preference for sons, resulting in the neglect of women’s needs from childhood.
The International Nepalese Youth Forum said that patriarchy is ingrained in the minds of many people in Nepal, with a male-dominated society that manifests in the form of gender inequality, discrimination and violence against women. Patriarchy in Nepal creates barriers for women to access productive resources and have an influence in decision-making in the family and society.
The legal status of women in Nepal is mixed because although the 1990 Constitution guarantees fundamental human rights to all citizens, no laws in Nepal back this up. In fact, family laws in Nepal put severe limits on women’s rights.
A report from Tribhuvan University in Kathmandu on gender and democracy in Nepal found that while the constitution of Nepal admits rights to all, economic, political, social and cultural factors and discriminatory laws hinder people’s access to these rights.
The Nepalese legal system is based on patriarchy, with an inheritance system that gives women little rights to property or assets. Women’s mobility is restricted, as is their education and control over their own bodies with no reproductive rights and poor reproductive health. Economically, women and ethnic and minority groups often do not have access to resources and credit. Women and ethnic and minority groups in Nepal are marginalised and denied their fundamental human rights.
Domestic violence is also a continuing problem in Nepal. According to Sanjaya Dhakal from the Global Sisterhood Network, discrimination and violence against women is deeply entrenched in Nepalese society, despite increased political awareness. In the absence of laws against domestic violence, the perpetrators often face little or no punishment, justified by patriarchy that defines men as having the right to control women.
Under current laws in Nepal, sexual intercourse with a wife never constitutes the crime of rape and mental torture is not defined as domestic violence. Domestic violence is estimated to occur in the majority of households in Nepal, though it is rarely reported to the police or the court.
With the new Constituent Assembly now in place, it is hoped the new Constitution will take into account the current problems facing ethnic and minority groups and women under a patriarchal system in Nepal. It is important that the Constituent Assembly continues with an inclusive and open political process, encouraging the contribution and participation of women and ethnic and minority groups.
Human rights activists are optimistic about the changes the new Democratic Republic of Nepal could bring for women and ethnic and minority groups.
Bhumika Ghimire, a freelance reporter and writer on Nepali issues, said she has faith in the new Democratic Republic of Nepal due to the sizeable level of women’s participation in the political system.
“I think Nepal becoming a Republic will have a positive impact for women's rights in the country,” said Ms Ghimire.
“The Constituent Assembly has a sizeable number of women representatives from across the country. The female representatives come from all walks of life, mothers, career women, grandmothers, those belonging to the so called ‘low caste’, rich and poor, educated and barely literate.
“I believe that this diversity and representation will help formulate a more inclusive, open and progressive constitution and lay ground work for better laws regarding women and their rights,” said Ms Ghimire.
Positive about the percentage of women now in politics, Ms Ghimire feels that women will be heard.
“Our voice can no longer be ignored,” said Ms Ghimire.
Women and ethnic and minority groups in Nepal have historically been second-class citizens and the inadequate representation of women and ethnic and minority groups in politics in Nepal is only now beginning to change.
The new Constituent Assembly can pave the way for equal rights in Nepal; however, it won’t be an easy road with the country’s ingrained patriarchal structures and its treatment of the poor, ethnic and minority groups. People must demand that women and ethnic and minority groups participate in decision-making, and that their contribution to the political process is recognised. Issues of reproductive rights, health care, domestic violence and education must be addressed and the participation of women and ethnic and minority groups encouraged.
References:
Danish Association for International Cooperation (MS Nepal). (2003). MS-Nepal Newsletter 2003 Issue 1: “Nepali Women face different degrees of discrimination Dalit women are doubly disadvantaged”, MS Nepal website.
International Nepalese Youth Forum. (2008). “Poverty”, INYF website.
South Asian Media Net. (2008). “Nepal - Women”, South Asian Media Net website.
Manandhar, L.K. & Bhattachan, K.B. (eds). (2001). Gender and Democracy in Nepal. Kathmandu: Central Department of Home Science – Women’s Program & Friedrich-Ebert-Stiftung.
Dhakal, Sanjaya. (2008). “Nepalese women under the shadow of domestic violence”, on the Global Sisterhood Network website
Manandhar, L.K. & Bhattachan, K.B. (eds). (2001). Gender and Democracy in Nepal. Kathmandu: Central Department of Home Science – Women’s Program, Tribhuvan University & Friedrich-Ebert-Stiftung, pp82-83.
From an interview with Bhumika Ghimire, a freelance reporter and writer on Nepali issues in West Lafayette, Indiana, who has written for Nepalnews.com, American Chronicle, Journal and Courier, ACM Ubiquity, Suite101, OhMyNews.com and NewFront Weekly.
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