More Details about This Short Movie
Naresh Shahi (khadgi)
Title : Hosiyaar Naani
Artist : Badi Pudasaini, Krishna Kumari Khadka, Pabitra, Roji Ghale
Director : Jeevan Thapa
Producer : Naresh Shahi
© Highlights Nepal Pvt. Ltd.
The status of women is defined in terms of their marital or sexual status; the right to ansha is fragile, temporary and imperfect. A woman is entitled to her husband’s property not as an independent co-parcener but because she is his wife. What she receives in terms of ansha from her husband is governed by the continuation of the marital relation with her husband. She can only continue to hold the right to ansha until she remains chaste or sexually faithful to the husband. She is uncompromisingly and strictly prohibited to have sexual relation with any man other than her husband, failure to maintain which deprives her of the right to ansha. A daughter is not entitled to ansha because she gets her status changed by marriage. Yet, under the existing legal system, once she reaches an age of 35 years, she is entitled to ansha because the general presumption is that the chance of changing her status through marriage then becomes almost rare.
The Constitution of the Kingdom of Nepal, 1990, under chapter 3 guarantees “right to equality” to all the citizens as a fundamental right. It states that the State shall not discriminate amongst citizens on grounds of race, caste, and sex. It also states that the Constitution is the fundamental law of Nepal and all laws inconsistent with it shall be void. However, discriminatory laws against women in relation to property right still prevail. Nepal has also become a State party ratifying the CEDAW on April 22, 1991, without reservation. Mandatory country report was submitted after a delay of 6 years. The State has made no deliberate effort to eliminate de jure and de facto discrimination against women in accordance the spirit of CEDAW.
Evidence of discrimination and disparities are as follows:
a) A daughter is denied from equal inheritance rights,
b) Daughter is denied the right to maintenance,
c) Discrimination in the line of succession (The line of succession gives a right to inheritance to the daughter only after mother and brother),
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, and
l) Consent needed to dispose off immovable property.
Barriers to guarantee equal Inheritance right for Women are as follows:
i. Lack of Women in Decision-making Bodies,
ii. Lack of Political Power or Political Commitment,
iii. Deep Rooted Gender Discriminatory Value System,
Beliefs Reflecting the Derogatory Attitude Towards Girl Child/Women including the following:
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”).
Holding of such traditional values by both the lawmakers and many common Nepalese people have been detrimental for the realization of equal rights for both sons and daughters. Majority of the population is still exposed to such values because of lack of access to modern education.
Negative Campaign in the Media have had the following messages: The Nepalese society is not yet prepared to embrace equal property rights. Nepalese social structure would be badly disturbed by equal property rights. Hindu religion would be wounded if equal property right is given.
The Bill would destroy the prevailing harmonious family relationships. There already exists many court cases among brothers relating to property rights and equal property rights would only result in increasing their number, as there would be cases among the brothers and sisters as well.
Brothers would no longer show respect and fulfill their responsibilities to their sisters. Equal property rights leads to land fragmentation. Equal property rights in Nepal and prevailing discrimination in neighboring country India Daughters may refuse to get married since they would be economically independent after getting equal property rights.
A woman would be entitled to dual property, one from her father and the other from her husband. If wife is uneducated, her husband and his family might misuse her property and then throw her out of the house. Domestic violence would go up because of conflict of interest between the husband’s family and the natal home. Equal property rights would trigger divorce.
The number of spinsters, polygamy and abortion would increase if women get equal property rights. If daughters should get equal property rights, aged and/or disabled parents would be deprived of care from their sons Property right is a non-issue in a country where the majority of the population lives below poverty line.
What is important to girl child/women is access to education and opportunities and not property rights. In the Hindu tradition, a woman is entitled to her husband’s property making equal property rights irrelevant.
Text Credit : nepaldemocracy.org
Text Credit : nepaldemocracy.org
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