US embassy cable - 04KATHMANDU1583

UNCLAS KATHMANDU 001583 
 
SIPDIS 
 
DEPT FOR SA/INS, DRL 
DEPT PLEASE PASS TO USAID 
 
E.O.12958: N/A 
TAGS: PHUM, KWMN, PGOV, NP, Human Rights 
SUBJECT:  LANDMARK DECISION FOR WOMEN'S RIGHTS IN NEPAL 
 
 
1.  SUMMARY: In a victory for women's rights, the Supreme 
Court of Nepal declared null and void a law which had 
required women to return inherited property to their 
parent's family after marriage.  Two committees, one in the 
process of being formed, have been ordered by the court to 
review the Muluki Ain (Nepal's Civil Code) and the 
Constitution in order to identify gender-biased legislation 
and to offer suggestions for amendment. END SUMMARY. 
 
2.  A year and a half ago, Sapana Pradhan Malla and Meera 
Dhungana, the President and Treasurer of the Forum for 
Women, Law and Development (FWLD), filed a writ petition 
with the Supreme Court.  (NOTE: Malla is a 2005 IVP nominee. 
END NOTE.) Malla and Dhungana asked that the court review 
Section 12 (A) of the Provision of Inheritance by Default of 
Muluki Ain, 1963.  This section of law states that a woman 
must return any property she has inherited from her parents 
when she marries.  Finding the law to be discriminatory 
towards women, the court declared it null and void on July 
29, 2004. 
 
3.  The Supreme Court also issued a directive to the Prime 
Minister's Office and the Cabinet to set up a panel to 
conduct a study on discriminatory laws against women.  This 
panel is to consist of the Secretary of the National Human 
Rights Commission and representatives from the Ministry of 
Women, Children and Social Welfare, the Ministry of Law, 
Justice and Parliamentary Affairs, public organizations 
familiar with the issue and one sociologist.  Though the 
panel has yet to form, at the request of the Cabinet a 
similar committee was formed last month to perform a similar 
task.  The existing committee is comprised of the Secretary, 
Joint Secretary and Under Secretary of the Ministry of Law, 
Justice and Parliamentary Affairs, a representative from the 
office of the Attorney General, the President of the Nepal 
Bar Association and the spokesman for the Supreme Court. 
 
4. Dr. Ram Krishna Timalsena, Joint Registrar and 
spokesperson for the Supreme Court, emphasized that the 
committee will completely review the National Code as well 
as the Constitution.  Timalsena said the committee hopes to 
look at various models of civil codes from the international 
community; Japan, Germany and the U.S., among others.  The 
committee would then draft legislative recommendations to 
eventually be reviewed and acted upon by the Nepal's 
Parliament.  This large task will take time, however, and 
Timalsena expects the initial review to take at least one 
year.  [NOTE:  The FWLD in 2000 composed a report compiling 
laws it found to be gender biased. 118 legal provisions 
within 54 laws were identified as discriminatory towards 
women.  FWLD plans to release an updated report by the end 
of 2004.  Timalsena said the committee would examine such 
reports when reviewing legislation.  END NOTE.] 
 
5.  COMMENT: The Supreme Court's decision is a major 
accomplishment, particularly from a traditionally non- 
activist court.  Moreover, it is an example of a GON body 
actually making good on an issue that the Maoists pay lip 
service to.  A thorough evaluation of all legislation is 
needed, and the review committees should only be seen as an 
initial step.  Once discriminatory laws are identified 
reform will be needed not just through the courts, but 
through the legislative process as well.  Unfortunately, 
until a parliament is in place, new laws for the protection 
of women cannot be created. END COMMENT. 
 
MORIARTY