Legal Counseling and Services

FWLD provides legal counseling and services to fight for needy women's rights as follows:

Research Documentation and Dissemination

FWLD publishes posters, leaflets, advocacy/training manuals, and audio-visual materials. We also conduct research and studies and translate relevant materials. All these materials are available for purchase in our Publication Center . We disseminate issues related to our work through radio programmes, documentaries and TV talk shows.

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Our Significant Activities

FWLD and Action Aid/Nepal organized a discussion program on the implementation of the guidelines issued by the Supreme Court of Nepal rearding the right to confidentiality. The program was held on 28 January 2008.

The objective of the program was to disseminate imformation regarding the right to confidentiality and to discuss how the guidelines can be implemented. Disclosure of identity of a party of the case is discouraging them from going to courts for justice and is ultimately hampering the access to justice.

Courts to punish disclosure of HIV affected. (The Kathmandu Post 27 / 12/ 2008)

The Supreme Court ruled that those including the media, that reveal the identity of HIV /AIDS – infected and women and children during a judicial process will be subjected to one-year imprisonment for contempt of court. The SC issued the ruling while handing down a set of guidelines for courts, government agencies and the media, outlining how the judicial process in sensitive cases involving the HIV / AIDS – infected, women and children should be dealt with to maintain secrecy. "Those who violate the guidelines will face contempt of court of charges and will be punished accordingly" said the judges. Besides facing one year imprisonment, violators would also have to pay a sum of Rs. 10,000 in fine. The guidelines have stressed protection of the identity of HIV / AIDS – affected women and children when they are involved in sensitive court cases. In the guidelines, the apex court said that the identity and other facts relating to such cases must be kept secret from the times the cases are brought to court till the time they are settled. Similarly, symbols, words, numbers or alphabets are required to be used to denote such cases throughout the judicial process. "No real identity should be revealed in court orders and verdicts either" the court said.

Similarly, the court has also banned dissemination of information revealing the identity of the HIV / AIDS – affected, women and children when they are litigants. The guidelines will be in effect from January 24 until the government enacts necessary laws ensuring secrecy of the judicial process in such cases. The court has ordered the registration of the Supreme Court to monitor the implementation of the guidelines.

The court prepared the guidelines in response to the public interest litigation filed by FWLD. The guidelines are required as the existing judicial process does not protect the privacy of the HIV /AIDS - infected and women and children when they are involved in the judicial process.

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Nepali Women's Movement and International Collaboration

Forum for Women, Law and Development (FWLD) in conjunction with Sanchairka Samuha and Equality Now conducted a Program Nepali Women's Movement and International Collaboration on 13 December 2007 (Mangshir 27, 2064) in Hotel Annapurna. Advocate Sapana Pradhan Malla Moderated the session. The participants had the honor of discussing their thoughts with the renowned and eminent Speakers of our Program Ms. Gloria Steinem,   recognized Feminist Activist and renowned Lecturer and Writer, and Consulting Editor of the famous feminist Ms Magazine and Founder of Choice Magazine U.S.A and Honb'ble Justice Navaneitham Pillay, the first dark-skinned woman to be appointed as a High Court Judge in South Africa and the one who led the landmark decisions defining rape as an institutionalized weapon of war and crime of genocide. She was elected by the United Nations General Assembly to be a judge at the International Criminal Tribunal for Rwanda, where she served for 8 years, including 4 years as the President.

There were participants from various organizations viz: Members of the Parliament, Chairpersons / Presidents from various NGOs / INGOs and other organizations, Advocates, Editors and Sub-Editors, Officers, Journalists, Reporters and Cameramen.

The program's prime theme was to discuss and share how the media could be instrumental in the prevalence of gender equality and also, discuss the prevalence of justice in the country.

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Interaction Program

FWLD organized an Interaction Program "The Role of Various Stakeholders for the Effective Implementation of CEDAW Convention" on 5 December 2007 in Kathmandu. The meeting had the honor of having the CEDAW member Ms. Shanti Dairaim. The prime objectives of the meeting were to share and submit the State Periodical Report, the Shadow Report and the Complain Mechanism under the CEDAW Convention.

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Child Marriage: Legal Responses

FWLD in conjunction with UNIFEM conducted a study "Child Marriage: Legal Responses"on July 2007 to identify the causes of child marriages in Nepal, to understand the repercussions of child marriage, to find out the causes of ineffective enforcement of law, to suggest recommendations for effective control of child marriage, and to develop strategies for effective implementation of law to prevent child marriage.
According to the national census report prepared by the Central Bureau of Statistics of Nepal (CBS), about 47 percent of the population shows that their age at their first marriage is between 15-19 age groups. In this age group 55.5 percent women get married and about 99 percent of the women get married before the age of 29. The same CBS report mentions that only one percent women get married after 30 years of age while most males get married after 35.

This verifies that child marriage is still a day-to-day reality in Nepal with girl children being subjected to it more than boys. Several UN reports as well as the CBS reports indicate the high prevalence of child marriages in the country. Nepal has the tenth position where prevalence of child marriage is high. Repercussions of child marriages are immense – psychological and physical problems being the most significant. Early marriages coincide with child bearing at a young age thereby posing enormous threat to the health of the mother and the new born. Child marriage deprives girls from the opportunity to education and career advancement. Although there is a law against child marriage, it is not properly implemented. Being considered a private matter, child marriage is rarely reported. There is mass ignorance about the existing laws regarding child marriage among the general population and particularly amongst the vulnerable children. It is high time to identify the underlying causes that transpire child marriages in society, the impacts of child marriage on the child concerned, the new born babies, the family, society and the nation as a whole, and to suggest the measures that have to be taken for controlling such marriages. Meanwhile, on 13 July 2006, the Supreme Court had issued a directive order in the name of the government for the effective enforcement of law regarding child marriage. It is with reference to this Supreme Court's directive order that this study has been conducted to find out the causes and consequences of child marriage and to identify strategies that would be effective to address at all levels.
Despite criminalization for years, child marriage is a harsh reality in Nepal. Being a party to a host of international human rights instruments in the forms of Conventions and Declarations, the country has an international obligation to eliminate child marriage, while in the national context, it is a constitutional and legal duty of the state to protect the rights and the best interests of children. However, implementation of laws and government policies relating to child marriage is very weak.

The law against child marriage is found to be very weak in terms of degree of punishment and wide discretionary power left to correct its sentencing. The discretionary power has not been rationalized with the mention of aggravating circumstances or grounds for leniency. Compensation clause is also weak as it is based on the amount of fine imposed on the offences, which is very low. There is no provision of counseling and interim relief to the victims.

It is found that child marriage has traumatic effects on the victims, especially the girls' higher risks of maternal mortality, poor physical as well as mental health, discontinuation of education and career building opportunities, still birth or poor health of the child, and violation of series of fundamental human rights including reproductive health rights. Though Child marriage leads to violation and deprivation of child right for both sexes,  it is more so with regard to girls, as it also leads to their sexual abuse and exploitation.

In many cases, girls are taken away from their parent's house after marriage and are subject to the ways of their in-laws. As the case studies cited above show, the daughters-in-law are treated very poorly by families most of the time due to traditional social values. They are the first to complete almost all household chores, but are the last to eat, if anything is left worth eating, and left to sleep in hunger. The alarming anecdotes the victims shared with us during the study made us rather emotionally attached to their enduring struggles that are fought for years without any support from within or from outside. If no timely actions are taken, this ruthless and senseless tyranny against girl children and women will last for years to come.

As child marriage is very much associated with the social norms and values of the community there must now be a common goal and basic minimum understanding amongst civil societies organizations and government organizations towards making this social menace an unacceptable and intolerable practice in case of both girls and boys. In a sense, it is time to satisfy ourselves that laws and policies against child marriage are in place and that the state has an obligation to eliminate it.

For further details, please check out our publication.

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Discriminatory Laws against Women: An Updated Study 2007

FWLD has, for the second time, updated the study entitled "Discriminatory Laws against Women: An Updated Study 2007" supported by The Ford Foundation and Published by FWLD on September 2007. The objectives of this updated study are:

• to identify the changes brought by the newly enacted and amended laws,
• to document the process of amendment,
• to identify the remaining discriminatory legal provisions against women,
• to recommend future action for the reformation.

Some of the major findings of the study are:

• Discriminatory Laws and Areas of Remaining Discrimination:

The study examined 289 Acts including the Constitution and 280 Regulations. The study identified 96 discriminatory provisions and 92 schedules spread in 62 different legislations spread in 2 Articles of the Constitution, 43 Sections of various Acts, and 51 Rules of various regulations discriminating against women.
Substantive discrimination still exists in the field of nationality, marriage and family relations, sexual offence, and property rights. Among the documented areas of discrimination, 35 provisions are discriminatory with regard to property, 26 in family, 15 in health, 5 provision and 3 schedules in nationality laws, 3 in sexual offence, 2 in employment, 1 provision and 88 schedules in identity, and 9 provisions and 1 schedule in court proceedings.

Discrimination in Conferring Citizenship and Recognizing Independent Identity
The Interim Constitution of Nepal, Citizenship Act, Citizenship regulation and Passport Rules even today discriminates women. In conferring citizenship to the children, the new law requires that children born from foreign husband has to be born in Nepal, and to be permanent residents of Nepal. Even after completion of these two conditions, children will only be conferred naturalized citizenship. Discrimination in conferring citizenship to foreign spouse of a Nepali woman still exists. Passport forms mentions only wife and children as a accompanying persons.  Many laws require identification through father or husband. Clothing allowances in the Supreme Court recognized for the wife of the judges only.

Even after the major amendments, in certain cases, there is still no recognition of women in documents related to legal proceedings. Personal record is maintained only through father or husband; identification of mother or wife is still not recognized by many official documents.

Inequality in Economic Rights
The Country Code amendment has recognized equal right of women in property; but, married daughters are excluded from right to inheritance and intestate property. They are not considered as coparcener and fall behind in the line of succession. Partition calls only for the children of brothers, without any mention of the sisters' children.

Though bigamy is illegal, law recognizes all wives as equal shareholders in the husband's property.  Remarriage of separated women with property requires returning property inherited from the husband. Married daughters are still excluded form the line of succession for pension under Civil Service Rule, Police Rule, Parliament Secretariat Rules, Postal Service Rule, Army Rules, and Armed Police Act. Adopted sisters not included in the line of succession to receive pension.

Discrimination in Employment

Army Police Regulation discriminates women requiring them to be unmarried or widowed for being eligible to apply for the job, and also restricts women from marriage during the training period.

Denial of Reproductive Health Right
There is no uniform maternity leave in the statutes as some legislations provides for 52 days, some 60, some 98 days and in some legislations there are no provisions for maternity leave. There is a discriminatory provision regarding the punishment in abortion. Lower punishment is provided for third party as a result of his or her act causing abortion than for women performing abortion voluntarily beyond legal criteria.

Discrimination in Sexual Offence
Even though marital rape has been recognized as a crime, the new punishment provision still has discriminatory punishment for raping married and unmarried women. Among married women, depending upon who the culprit is (husband or others); there is variation with regards to the punishment.

Inequality in Marriage and Family Relations
The father has the first priority over the mother while naming a child. Bigamy is still allowed if wife has incurable sexually transmitted disease, if she becomes physically handicapped, if becomes blind, if she is incurably insane, or has taken a share of her husband's property Now discrimination has also been made with new amendments inserting provisions that bigamy is permissible with the consent of wife. This provision can be misused by getting coerced consent and legitimize bigamy. Mothers are denied for child care and guardianship if remarriage in case of death of father under the Chapter of Paupers. Definition of family still excludes married daughter, adopted daughter or daughter above the age of 35 under various legislations. Restriction on marriage and sexual relation has been made for women relatives of the same category such as for sister in law, but not for brother in law.  Different time limitation (3 months for bigamy, up to 1 year for adultery by women) has been fixed for the bigamy by men and women.

 Court Proceedings
Many legislations still provides identification through father, personal record requires only father‘s name.  Revenue Tribunal mentions only court dress for male.

Discriminatory Wordings
In addition, 87 schedules/ annexes are discriminatory majority of them still do not recognize women's independent identity. This also includes 3 Articles, 398 Sections, 110 Rules and 3 Annex that still uses prejudice and degrading words.

Discriminatory wordings like Chairman (sbhapati ), Elder Oldman, Girl gift (kanayadan), father's obsequies not mothers (Pitrikarya), degrading word for women like Aimai, Vice-chancellor (Upkulpati), Chancellor ( Kulpati), Industrialist ( Udhyogpati), Pati, Chief of Army (Pradhansenapati), bahinipati are still used in various legislations. Though these are not necessarily a substantive issue, these words are not gender neutral, and it is an issue since it is prejudice and disrespectful of the dignity and equality of women.

 Elimination of Discriminatory Laws and Areas of Reform
The study has listed legislations that have been repealed, amended, and enacted and found 64 provisions and 19 schedules that have been amended guaranteeing non discrimination based on sex. Out of which 3 Articles have been changed by the promulgation of the Interim Constitution, 53 Sections and 8 Rules with the enactment of new law, amendment of existing legal provisions, and with the Supreme Court's decisions. Discrimination is eliminated with 8 provisions and 6 schedules in Nationality Law, repealed 19 provisions in laws related to Economic Right, 5 provisions in Laws that deals with Sexual Offence, 1 in Education, 2 in Employment, 3 in Health, 15 in Laws that deals with Family Relations, 7 in Court Proceedings, 4 provisions and 13 schedules in the laws that is used for Identity Documents.

Equality in Citizenship and in Identity Documents
Reformation has been made in the Constitution, Citizenship Act, Citizenship Regulation, and Passport Rules in regards to citizenship right of women. Recognizing women as an independent legal citizen, legal right of mother in conferring citizenship to their child has been established. Women are also recognized as a lineal descendant of the family. The citizenship application form and certificate recognizes both parents' names. Now, women do not require guardian's approval to obtain a Passport or Voters' Card. The Interpretation Act has interpreted not only son but also daughter as a child. In Adoption laws where "adopted son" was used, it now includes "daughter". Definition of family under different legislations now includes daughters as well.  Clothing allowances for spouse has been recognized by female officials. Women civil services are now entitled to get pension if they join the service after 39 years. Women can register the birth of her Children.

Equality in Economic Right
Equality in economic right plays a key role for the empowerment of women. Unmarried daughters have the right to equality in inheritance, even after marriage there is no requirement to return the property. This is a landmark reform made by the Gender Equality Amendment. Reformation of laws also guarantees equality in financial transaction by women. Daughters are made eligible for land tenancy. Daughters are also eligible for Bonuses, Insurance, Provident Fund and Pension of the parent. In this area, discrimination based on married and unmarried daughters are repealed. Women are also entitled to use and exercise their inherited property and exclusive property freely, without requiring consent from male family members.

Recognition of Women's Sexual Autonomy
A widow had to be chaste to her dead husband to be eligible for inheritance. This law has now been changed with a new provision providing an exclusive right to the property she inherits. Laws that considered a woman's spouse as their ex- husband by the legal provision if she had been raped has been repealed. Marital rape has been interpreted as a crime and new definition through gender Equality Act has been inserted. Victim compensation in rape has been introduced. Punishment on marital rape is provided by the Gender Equality Amendment Act, though it is nominal punishment, case has already been filed to challenge discriminatory punishment.  Equality in punishment has been made for performing abortion voluntarily by women beyond legal criteria or in case of abortion with force or coercion, threat, enticement. Maternity leave is recognized for 98 days as per International Labour Convention's standard of the judges of appellate and district courts.

Protection from Violence
Definition of sexual harassment is provided and exemption of perpetuators in sexual harassment of girl under 11 has been repealed.  Rape of married women considering end of spousal relationship has been changed. Requirement of prior approval of the court for investigating trafficking cases and exemption of buyer from crime have been repealed.

Equality in Marriage and Family Life
Equality has been guaranteed in the minimum age of marriage for girls and boys. Mothers are also made eligible for registration of the birth of their children. Discriminatory ground for divorce (for example, if the woman is unable to bear children) has been declared ultravires by the Court. Restrictions made in adopting child without consent of husband have been repealed.  Mother’s right to child custody has been recognized even in case of remarriage. Daughters are also included in the definition of family under various legislations.  Discriminatory definition of guardian has been repealed by  new Foreign Employment Act.

Equality in Employment
New Foreign Employment Act has not only eliminated discrimination on foreign employment for women but also guarantees non discrimination on foreign employment for women. New Army Act also eliminates discrimination in recruiting women in the armed forces. Laws that discriminated getting pension for women under the Civil Service Act have been amended with the provision of making them eligible even if they join civil service after the age of 39 years.

Equality in Education
Unmarried daughters were not eligible for scholarship until she reaches 21 years of age, or until she gets married, whichever was earlier. In contrast, boys were eligible until they were 21 or until entered into Service. This showed a social mind set that assumed the ultimate goal for a daughter is marriage and for a son, economic independency. With the Public Interest Litigation Initiated by FWLD, this provision has been declared unconstitutional by the Supreme Court of Nepal.

Equality in Court Proceedings
An arrangement has been made for the identification of official documents by women under various legislations. Women are also recognized as being capable of receiving court notices

Equality in Wordings
The Interim Constitution 2007 has repealed the Constitution of the Kingdom of Nepal and taken away discriminatory language like "brotherhood". Gender Equality Act has also changed words like "runaway/eloping" (poilojane) with the word "remarry". Word like "Chairman" has been substituted with "Chairperson".

For further details, please check out our publication.

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UNSCR 1325

FWLD with the support of UNFPA organized a District level Training of Trainers (ToT) Program "UNSCR 1325 (United Nations Security Council Resolution number 1325)" on Six Districts of Nepal, viz: Dang, Dadeldhura, Saptari, Rauthat, Kapilvastu and Mahottari on the following dates:

Dang - 29 - 30 October 2007
Rauthat - 30 - 31 October 2007
Dadeldhura - 2 - 3 November 2007
Saptari - 2 - 3 November 2007
Kapilvastu - 5 - 6 November 2007
Mahottari - 13 - 14 November 2007   

The key theme of the training was Women, Peace and Security and its objectives were mainly to generate significant Trainers and provide them with the knowledge about UNSCR 1325. After the training, the trainers are expected to further train other community level people from ten different VDCs.