Women are the creators of the human race. They are the foundation of life. That’s why the planet we live on is called Mother Earth. According to the Nepal Census 2078 B.S., women make up 51.1% of the total population. In the censuses of 2058 B.S. and 2068 B.S., women accounted for 50.05% and 51.50% of the total population, respectively. A lot of women's and children's rights have been protected since the interim government of 2004 B.S. to the Nepalese constitution of 2072 B.S. Nepal has signed 24 United Nations conventions, declarations, and treaties aimed at protecting women and children.
Nepal ratified the Convention on the Elimination of All Forms of Discrimination Against Women in 1979, which is a key convention for gender equality, women's empowerment, and the reduction of gender violence. Nepal's current constitution forbids violence against women and children. However, the number of cases of violence against women has not decreased. In the decade of 2070 to 80 B.S., 42 cases of violence against women were registered at an average every day. Violence against women and children increased during the devastating earthquake of 2072 B.S., till the year before the Corona epidemic. According to the 16th living survey report, 23.4% of women have experienced some form of mental, physical, or sexual violence in their lives.
A Shocking Graph of Violence
Despite the law, female violence has not decreased. There were 663 incidents of violence against women and children in fiscal year 2053/05 B.S. of which 337 incidents were of domestic violence and 112 were of rape. The cases of violent incidents are increasing. Violence against women and children increased by 11.16% in 2057/058 B.S., compared to 2053/054 B.S. According to Nepal Police, incidences of violence against women and girls increased by 203% in fiscal year 2067/2068 B.S. compared to 2057/058 B.S., and by 742.33% in fiscal year 2077/078 B.S. compared to 2067/068 B.S. Over the course of a decade (2068 B.S.-2078 B.S.), women population increased by 9.22%. During this time, the female literacy rate climbed by 20%, whereas violence against women increased by 742%.
Chart 1: Incidence of Women Violence and its Rate Over a Decade from FY2070 B.S. to FY2080 B.S.
Source: Department of Criminal Investigation, Directorate General of Women, Children and Senior Citizen Services, Nepal Police
Violence against women has gone up steadily over the past decade. The year of the earthquake, 2072 B.S., saw a rise in female violence. The data released by the Directorate of Women, Children and Senior Citizen Services of Nepal Police showed that cases of domestic violence and rape have increased this year. That year, 139 cases of girl trafficking were reported, the highest number between fiscal years 2068/069 B.S. and 2079 B.S. Domestic violence decreased during the government-imposed lockdown of coronavirus infection. At the same time, physical violence against women started increasing. According to data from FY 2079/80 B.S., Madhesh Province had the most recorded occurrences of violence against women, children, and senior citizens, while Karnali Province had the least. Rape has emerged as second in the list of nature of violence.
Chart 2: Violence Against Women, Children and Senior Citizens by Province (2079 / 080)
Source: Crime Investigation Department, Directorate of Women, Children and Senior Citizen Services, Nepal Police
Education promotes awareness. It boosts employment and income opportunities, which contributes to overall economic advantages. Similarly, as the economy improves, violence decreases. However, despite an increase in women literacy, employment, and access to significant governmental institutions, the frequency of violence against women has not decreased. This can be attributed to the societal structural issue. Madhesh province has the largest number of reported incidences of violence against women and children. Madhesh Province has a literacy rate of 60.6% among those aged 15 and up. The female literacy rate in Madhesh is 50.3%. Despite having the highest literacy rate, Bagmati province ranks second in terms of violent incidents. The rise in violence in the Kathmandu Valley has resulted in an increase in violence throughout Bagmati Province. Bagmati has the highest literacy rate (80.2%), while Karnali has the lowest literacy rate (69.7%).
Chart 3: State Wise Female Literacy and Unemployment Rate (15 years and above)
Source: Fourth Living Standard Survey, National Statistics Office
Suicide rates have also increased, which can be linked to violence against women. Suicide is most commonly caused by familial stress, health problems, financial difficulties, and romantic failures. Men have a higher suicide rate than women. According to a Nepal Police study on suicide minimization and management, 59.9% of all suicide events were men and 40.1% were women in fiscal year 2079/80 B.S. Regionally, suicide rates are higher in men than in women. Women's suicide rates are higher in the inner Madhesh belt and mountainous regions. Suicide rates in Himalayan districts are similar among both the genders, according to a Nepal Police study on suicide minimization and management.
The Presence of Women: Where and How Much?
The Constitution's Articles 84 (8) and 176 (9) require one-third representation of women in the House of Representatives and State Assemblies, respectively. Women's representation is also guaranteed on the local level. Despite this, there are extremely few directly elected women.
Chart 4: Percentage of Women Elected to the House of Representatives by Direct Election
Source: Women candidates in Nepal's direct election system, Democracy Research Center
Even after democracy was restored in 2047 B.S., women's representation in the House of Representatives and policymaking did not increase. Women had a small presence in the three elections before the Second People's Movement. The first Constituent Assembly election held after the people's movement in 2063 B.S. saw a significant representation of women; but, in the re-run, political groups did not promote female candidacy. Their representation is protected by the proportional system. In the 2079 B.S. local elections, women won 41% of the seats. This is a 0.26% increase in women's representation in local elections over the previous five years, in 2074 B.S. In 2074, 40.75% of women were elected. Women's participation in provincial elections is low. Only 4.24% of women candidates were directly elected in the 2079 B.S. provincial assembly elections.
Women account for only 27.59% of the civil service's 86,468 personnel. Women are underrepresented in the courtroom, just as they are in the civil service. Women account for 12.5% of the Supreme Court, 14.87% of the High Court, and 6.66% of District Courts. According to the National Women Commission, women make up 7.16% of the security forces, 11.16% of the Nepal Police, and 9.03% of the Armed Police Force. In health services, 37.48% of women work in MBBS and BDS, and 29.46% in MD / MS and MDS. Men account for only 0.17% of the total 11,400 nursing positions. On the educational front, 38.98% of community and institutional teachers from kindergarten to 12th grade are female. The proportion of women in all public services is 29.5%. The 16th five-year plan aims to raise this rate to 35% by FY2085/086 B.S. Similarly, the 16th Five-Year Plan seeks to boost the amount of gender-responsive budgeting at all levels of government to 50% during the next five years, up from 40% currently.
Women's Rights and Implementation
The Interim Government of Nepal Act of 2004 established women's economic rights for the first time, mandating equal pay for equal work for men and women. The Nepalese Constitution 2019 guarantees the right to equality, declaring that no citizen will face discrimination based on religion, race, gender, or caste. The Kingdom of Nepal 2047 B.S. Constitution had special provisions for education, health, employment, and social security to help women who were disadvantaged for a variety of causes, while also ensuring equal property rights for men and women alike. Article 38 of the Constitution ensures women's fundamental rights.
Every woman has equal racial and gender rights, the right to safe motherhood and reproductive health, and the freedom from harmful religious, social, cultural and traditional practices. Women have the right to participate in all bodies under the principle of proportional inclusion. The Women's Commission was founded in Falgun 2058 B.S. to guarantee gender equality by preserving and promoting Nepali women's rights, interests, and rights, as well as empowering women and eliminating all forms of discrimination against women. The government has named the current fiscal year as the year of investment in women, with the goal of promoting an atmosphere of equality and respect in all areas while battling violence, exploitation, and discrimination against women through the budget.
The Women Empowerment Division and its four branches were established under the Ministry of Women, Children, and Senior Citizens to address issues impacting women. Women's cells have been established in all 77 districts and localities of Nepal Police to reduce violence against women.The Single Women Safety Fund operates at all three levels of government, empowering single women financially. Similarly, since 2067 B.S., the three bodies of the government have formed the Gender Violence and Prevention Fund to rescue, relieve, and rehabilitate women and girls who have been victims of violence. Nepal is a member of the United Nations Committee to Eliminate Discrimination Against Women (CED). Vandana Rana of Nepal was elected as a CED member in the November 2020 election. The Committee on the Elimination of Discrimination Against Women investigates the issues confronting women globally, including the execution of UN agreements concerning women and discrimination against women. This has been the foundation for Nepal's involvement in obtaining and implementing women's rights, including on the international stage.
Gender studies have become a priority in colleges and universities curricula. Tribhuvan University offers undergraduate and postgraduate gender studies programs. Some universities offer courses in women's studies. In recent times, the topic of women has been viewed in a sensitive way in society. The secondary level curriculum includes topics on social problems and solutions, creating content on human trafficking, sexual perversion, domestic violence and traditional superstitions. Despite this, the curriculum still lacks in developing critical thinking, perspectives and philosophies about humans, social activities, culture, and the gender issues.
Conclusion
The law has addressed a wide range of issues on women's rights. Women's rights can be improved through the practical execution of these laws. Women have been granted concessions, reservations, and opportunities in areas such as business, work, health, education, and social security. However, the implementation has been fairly weak. Women empowerment has the potential to lessen violence against women. Changes in the social structure is required to reduce female violence. To put an end to societal prejudice against women, social knowledge and attitudes must change. To accomplish this, students must be taught about gender studies starting from the initial stages of schooling.