US embassy cable - 05KATHMANDU2649

C O N F I D E N T I A L KATHMANDU 002649 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SA/INS 
NSC FOR RICHELSOPH 
 
E.O. 12958: DECL: 11/30/2015 
TAGS: PHUM, KWMN, PGOV, NP 
SUBJECT: SUPREME COURT: PASSPORTS TO WOMEN WITHOUT 
DISCRIMINATION 
 
REF: KATHMANDU 2077 
 
Classified By: Charge Elisabeth Millard. Reasons 1.4 (b/d). 
 
Supreme Court:  Issue Passports Without Discrimination 
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1. (U) On November 28, in a landmark decision, the Supreme 
Court directed the government to issue passports to women 
under 35 years of age, without requiring consent of their 
guardians.  Two female petitioners challenged the Cabinet 
decision of 1995, which barred government authorities from 
issuing passports to women under 35 years of age without 
consent of their parents in the case of unmarried women, and 
husband in the case of married women.  Terming the provision 
discriminatory against women, the Court instructed the 
government not to impose any such restrictions against women 
who wanted to obtain passports.  The bench cited Article 12 
(2) of the Constitution which guarantees certain fundamental 
rights to the people, the 1948 Universal Declaration, and the 
1966 Covenant on Civil and Political Rights. 
 
Activists Welcome Ruling 
------------------------ 
 
2. (SBU) A November 30 editorial in the English language 
daily Kathmandu Post entitled "Empowering Women" hailed the 
Supreme Court's decision as "highly significant" for women's 
rights.  It explained that although the government had 
enacted the restriction to deter large-scale human 
trafficking to brothels, the concern "must be properly 
addressed but not by denying equal rights to women."  It 
noted that though the ruling would ease Nepali women's fight 
for their rights, "it is at the social level that the fight 
has to be carried on and it is here that the ruling could 
help the crusaders convince the society to become more 
liberal and accept the needs of the times."  Sapana Malla, 
head of local NGO Forum for Women and Law, told Emboff that 
the ruling was "very positive news."  She noted that the law 
had been very discriminatory.  Dunga Ghimire of ABC Nepal, a 
local women's rights NGO, was also pleased with the decision. 
 She told Emboff "I am proud that my daughter can now apply 
on her own for a passport as she goes for further studies in 
the U.K." 
 
Comment 
------- 
 
3.  (C) This Supreme Court verdict follows a ruling in 
September (reftel) ensuring citizenship rights to children 
born of single mothers.  The Supreme Court is working to 
address long-standing societal inequalities and grievances 
that the Maoists have exploited in their recruiting efforts. 
MILLARD