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Baseline
Study on Inheritance Right of Women
When the society have the following beliefs that
reflects derogatory attitude towards girl child/women
Dhilo paye, Chhora paye
("Let it be late, but let it be a son");
Chhora paye swarga jaane ("The birth of a son paves the way to heaven");
Chhori ko janma hare ko karma ("A daughter is born with a doomed fate");
Chhora paye khasi, Chhori paye Pharsi ("If a son is born, it is celebrated by sacrificing a goat, if it's daughter, a pumpkin is enough");
Chhora bhaye sansar ujyalo, Chhori bhaye bhanchha ujyalo ("Son brightens the whole world, whereas a daughter brightens only the kitchen");
Kanya Daan ("a daughter should be
given away as a gift");
Mare paap, pale punya ("It's a sin if the groom kills the bride, charity if nurtured");
Srimati bhaneko paitalako dhulo ho ("Wife is the dust of the foot");
Chhori mari, thulo ghar pari ("If a daughter dies, we can say she has been married into a rich home");
Pothi base ghar mahscha
("A woman ruled house is sure to be destroyed"); and
Swasni mancheko buddhi pachhadi
("Women are always shortsighted").
And when the
state made law with regard to property itself is discriminating against women in
the following ways, further validating the lower status of women in comparison
to men:
a.
A daughter is denied from
equal inheritance rights
b.
Daughter is denied the
right to maintenance
c.
Discrimination in the
line of succession
d.
Discrimination on dolaji
property
e.
Discrimination against
Married Women to get the Property
f.
Divorcee Woman without
Property Right (only conditional maintenance right
g.
Unfaithfulness looses the
right in the husband's property
h.
A victim of rape is
considered as ex wife by the law
i.
Discriminatory Property
Right of a Widow
j.
Discrimination on tenancy
right
k.
Discrimination on
Transaction
l.
Consent needed to dispose
off immovable property
FWLD has conducted the Baseline
Study on Inheritance Right of Women as a
part of South Asian Monitoring Project on Facilitating the Fulfillment of the
State Obligation Towards Women's Equality coordinated by the International
Women's Rights Action Watch, Asia Pacific. This study has been done on the basis
of data collected from interviews and surveys. The analyses are based on the
findings of the interviews, the surveys, reviews of judgments, statistics,
articles and published reports. The objectives of the study was as below:
i. To assess the present situation of Nepalese women in relation to
inheritance right.
ii. To identify prevalent evidence of disparity /disadvantages and causes and
barriers for equal inheritance right.
iii. To analyze its effect on women.
iv. To identify state obligations in relations to equal inheritance right.
v. To compare state obligations with national laws, policies and
implementation (de jure and de
facto)
vi. To identify the gaps in the Government initiative to enforce the law.
vii. To identify the weaknesses in the equal inheritance right movement taken
up by NGOs.
viii. To identify the gaps in the implementation of CEDAW and it's
institutional, monitoring and reporting mechanism.
ix. To develop future strategies for advocacy and lobbying to enact
inheritance legislation/ guaranteeing equal rights to women.
After analyzing the effects of the lack of equal property rights on women:
Effects
of disparities in relation to unequal inheritance on women is envisaged to be
deep-rooted in their life cycle in various aspects which have impaired their
overall self-development as well as their capability in family, community and
national development.
The study has reviewed the government and civil societies initiatives and
actions to provide equal inheritance right, had identified its weaknesses and
provide recommendations for government activities. It has also provide future
action plan for civil societies to achieve equal inheritance rights for women.
The
baseline study on inheritance rights of women, based on the outcome of
monitoring the state obligation towards women's equality, have focused on
socio-cultural, economic, political, and legal spheres, which have direct
impact on women's lives. Women's movement in Nepal grew out of diverse
conditions and has addressed a broad range of issues, which reflect the
diversity that characterizes women's inheritance right movement.
Available At
Forum for Women, Law and Development
P.O.Box No. 2923
Kathmandu, Nepal
Ph. No. : 266415, Fax : 240627
E-mail : fwld@fwld.wlink.com.np