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Unit 2: Gender and Nepalese Legal System
2.1 Influence of Religious and Cultural Values in the Legal System of Nepal
- The Hindu-law’s long shadow (the Muluki Ain’s world): the 1854’s code (the hierarchical-graded-society (the caste’s-and-the-gender’s stratification (the water-and-the-touch’s regime)); the woman’s position (the dependent’s design (the guardianship-line (the father-husband-son’s chain (the woman’s never-independent lore))); the pollution’s concept (the menstruation-and-childbirth’s faces (the 3.9’s link))); the reform’s march (the 1963’s new-Ain (the Rishikesh-Shah-era’s recast (the graded-equality’s transition)); the 2020-B.S.-era’s amendments (the remarriage-and-inheritance’s gradual liberalisation)).
- The customary’s faces: the ethnic-systems’ plurality (the Limbu’s-and-the-Thakali’s matrilineal-adjacent practices (the women’s-relatively-better-positions’ honest notes (the plurality’s lesson))); the Madhesi’s-and-the-Muslim’s customary faces (the community’s own-family norms (the state-law’s interface)).
- The present’s residue: the cultural-justifications’ politics (the “tradition” defence (the dowry’s-and-the-witchcraft’s persistence (the U3’s faces)); the reform’s limits (the social-practice’s gap (the 2033-Social-Practice-Reform-Act’s struggle (the law-vs-culture’s perennial (the exam’s critical theme))).
2.2 Introduction of Nepalese Legal System from Gender Perspective
The system’s gender-audit (the historical arc): the pre-1951 (the customary-and-religious’s blend (the woman’s legal-invisibility)); the 1951-1990 (the modernisation’s era (the equality’s constitutional-entries (the 1962’s formal-equality face)); the 1990’s constitution (the equality’s guarantee + the discrimination’s residue (the citizenship’s-and-inheritance’s gaps)); the 2015’s frame (the verified depth): the Art-12’s identity (the certificate in the mother’s-or-father’s name (the patriarchal-default’s constitutional-break)); the Arts 10-11’s citizenship (the descent’s father-OR-mother (the “and” debate’s post-2015 story (the 2078-amendment’s “both”-controversy (the honest note: the legislative see-saw)))); the 18-and-38’s guarantees (U1.4-U1.5); the institutional-machinery (the Women’s-Commission (the NWC’s constitutional-body status (the Arts 251-252’s verified neighbourhood (the LAW5605-U8 companion)); the WDO’s-and-the-ministry’s faces; the courts’ gender-jurisprudence (the Meera-and-Sapana era’s PIL-line (the U2’s cases))).
This is a preview. The complete Gender and Inclusive Justice notes — full unit, Exam Focus box and model questions — are in the PDF / full version. Get the complete notes →