Empowering Women Through Combating Gender-Based Violence and Discrimination: A Nepalese Experience of Using Public Litigation as a Strategic Tool

2.50
Hdl Handle:
http://hdl.handle.net/10755/163931
Category:
Abstract
Type:
Presentation
Title:
Empowering Women Through Combating Gender-Based Violence and Discrimination: A Nepalese Experience of Using Public Litigation as a Strategic Tool
Author(s):
Chapagai, Raju Prasad
Author Details:
Raju Prasad Chapagai, Public Interest Lawyer, Forum for Protection of Public Interest, Gautambuddha Marg, Anamnagar, Kathmandu, Katmandu District, Nepal, email: adv_rpchapagai@yahoo.com
Abstract:
The paper begins with brief introduction to the state obligations under the constitution of the Kingdom of Nepal 1990 and ratified conventions including CEDAW to ensure meaningful realization of women's right to freedom of violence and discrimination. It also briefly sheds light upon the scope of judicial activism to hold the state accountable for women's rights and freedoms. The paper is aimed at assessing the role played by Public Interest Litigation (PIL) in empowering women through combating gender-based violence against women. It highlights major achievements of judicial intervention in this regard through critical analysis of selected Supreme Court decisions in light of relevant constitutional and treaty provisions. For example: in Mira Dhungana V. His Majesty's Government et al (2002) the Supreme Court labeled marital rape as heinous sexual crime and endorsed the sexual autonomy of women even within marital bond. In Sapana Pradhan Malla for FWLD V. HMG/Nepal (2002) the Supreme Court, recognizing the right to equal protection of law against gender-based violence and discrimination irrespective of the character of the victim, overturned the No 7 of the Chapter on Rape of Country Code 1963 that constituted very nominal punishment in the case of rape on prostitute. Responding to the Sharmila Parajuli et al for Pro Public V. HMG/Nepal (2003) the Supreme Court issued directive order to the government for the enactment of appropriate law to protect women's right to freedom from sexual harassment at work place and public place as well. The paper finally observes that PIL has become instrumental in eliminating discriminatory laws and gender biased customary practices responsible for disempowering women by perpetuating violence and discrimination, and in holding government accountable to enact new laws and enforce faithful execution of legal provisions aimed to protect women's right to freedom from gender-based violence. Also the paper reveals the fact that the PIL has also played educative role by bringing several gender issues to public debate and consultation.
Repository Posting Date:
27-Oct-2011
Date of Publication:
27-Oct-2011
Conference Date:
2006
Conference Host:
McMaster University
Conference Location:
Dhaka, Bangladesh
Description:
2006 International Conference: Dhaka, Bangladesh. The International Conference on the Impact of Global Issues on Women and Children, co-organized by McMaster University and the State University of Bangladesh, is an opportunity for the interdisciplinary exchange of development expertise and will be held in Dhaka, Bangladesh from February 12-16, 2006.
Note:
This is an abstract-only submission. If the author has submitted a full-text item based on this abstract, you may find it by browsing the Virginia Henderson Global Nursing e-Repository by author. If author contact information is available in this abstract, please feel free to contact him or her with your queries regarding this submission. Alternatively, please contact the conference host, journal, or publisher (according to the circumstance) for further details regarding this item. If a citation is listed in this record, the item has been published and is available via open-access avenues or a journal/database subscription. Contact your library for assistance in obtaining the as-published article.

Full metadata record

DC FieldValue Language
dc.type.categoryAbstracten_US
dc.typePresentationen_GB
dc.titleEmpowering Women Through Combating Gender-Based Violence and Discrimination: A Nepalese Experience of Using Public Litigation as a Strategic Toolen_GB
dc.contributor.authorChapagai, Raju Prasaden_US
dc.author.detailsRaju Prasad Chapagai, Public Interest Lawyer, Forum for Protection of Public Interest, Gautambuddha Marg, Anamnagar, Kathmandu, Katmandu District, Nepal, email: adv_rpchapagai@yahoo.comen_US
dc.identifier.urihttp://hdl.handle.net/10755/163931-
dc.description.abstractThe paper begins with brief introduction to the state obligations under the constitution of the Kingdom of Nepal 1990 and ratified conventions including CEDAW to ensure meaningful realization of women's right to freedom of violence and discrimination. It also briefly sheds light upon the scope of judicial activism to hold the state accountable for women's rights and freedoms. The paper is aimed at assessing the role played by Public Interest Litigation (PIL) in empowering women through combating gender-based violence against women. It highlights major achievements of judicial intervention in this regard through critical analysis of selected Supreme Court decisions in light of relevant constitutional and treaty provisions. For example: in Mira Dhungana V. His Majesty's Government et al (2002) the Supreme Court labeled marital rape as heinous sexual crime and endorsed the sexual autonomy of women even within marital bond. In Sapana Pradhan Malla for FWLD V. HMG/Nepal (2002) the Supreme Court, recognizing the right to equal protection of law against gender-based violence and discrimination irrespective of the character of the victim, overturned the No 7 of the Chapter on Rape of Country Code 1963 that constituted very nominal punishment in the case of rape on prostitute. Responding to the Sharmila Parajuli et al for Pro Public V. HMG/Nepal (2003) the Supreme Court issued directive order to the government for the enactment of appropriate law to protect women's right to freedom from sexual harassment at work place and public place as well. The paper finally observes that PIL has become instrumental in eliminating discriminatory laws and gender biased customary practices responsible for disempowering women by perpetuating violence and discrimination, and in holding government accountable to enact new laws and enforce faithful execution of legal provisions aimed to protect women's right to freedom from gender-based violence. Also the paper reveals the fact that the PIL has also played educative role by bringing several gender issues to public debate and consultation.en_GB
dc.date.available2011-10-27T11:35:07Z-
dc.date.issued2011-10-27en_GB
dc.date.accessioned2011-10-27T11:35:07Z-
dc.conference.date2006-
dc.conference.hostMcMaster Universityen_US
dc.conference.locationDhaka, Bangladeshen_US
dc.description2006 International Conference: Dhaka, Bangladesh. The International Conference on the Impact of Global Issues on Women and Children, co-organized by McMaster University and the State University of Bangladesh, is an opportunity for the interdisciplinary exchange of development expertise and will be held in Dhaka, Bangladesh from February 12-16, 2006.en_US
dc.description.noteThis is an abstract-only submission. If the author has submitted a full-text item based on this abstract, you may find it by browsing the Virginia Henderson Global Nursing e-Repository by author. If author contact information is available in this abstract, please feel free to contact him or her with your queries regarding this submission. Alternatively, please contact the conference host, journal, or publisher (according to the circumstance) for further details regarding this item. If a citation is listed in this record, the item has been published and is available via open-access avenues or a journal/database subscription. Contact your library for assistance in obtaining the as-published article.-
All Items in this repository are protected by copyright, with all rights reserved, unless otherwise indicated.