Area of Social Work Practice and Emerging Social Problems in Women

Women

Women, half of the population of Nepal, are facing multifaceted challenges and problems like male dominating family system, marginalized

economic and social opportunities due to illiteracy, poverty, and conservative social taboos. In the political and social changing context of Nepal, women in development have been accepted since the sixth plan as a national policy. After the restoration of the multi-party system in 1990, policy makers are giving due importance to uplift the status of women.

With the recognition of World Women Conference, 1995 in Beijing, Nepal has established a separate ministry to look after women empowerment and welfare. Then the ninth five-year plan focuses on integrating woman into the development mainstream through (Bhattarai):

• Gender equality and women’s empowerment.
• Increasing women’s participation in every sector.
• Giving a concrete shape to gender concept in the process of formulation, implementation and evaluation of sectoral policies and programs.
• Accelerating the process of multi-faceted development of women’s empowerment by uplifting their social, economic, political and legal status.
• Protecting and promoting the rights and interest of women.
• Gradually eliminating violence, exploitation, injustice and atrocities being committed against women domestic violence,

In addition, the National Women Commission was established in 2002, whereas in 2007, National Women Commission Act, 2007 was enacted with the objectives of (NWC, 2011):

• Ensure proportionate and socially inclusive participation of women at all levels and sectors of governance.
• Strengthen access to justice, the rule of law, the culture of gender equality and peace.
• Contribute to an elimination of Violence Against Women (VAW).
• Contribute to mainstreaming gender in governance.
• Strengthen and capacitate National Women’s Commission as an independent and autonomous commission.
• Monitoring of implementation of national and international treaties and instruments related to gender equality.

Nepal has enacted as well as amended many legislations and provision of laws to improve the status of women that includes Gender Equality Act 2006, Human Trafficking and Transportation Control Act 2007, the 12^th amendment of Country Code that criminalizes witchcraft and recognizes it as a crime against the state, Domestic Violence Control Act 2008. To replace the Country Code 1963, the Criminal Code and Civil Code bills have been registered by the government. For the first time, in 2006 Parliament passed a special resolution to ensure proportional election system has been introduced along with the first past the post system and as a result, 33% women from different caste, ethnicity, geography and religion are represented in the Parliament/Constituent Assembly of Nepal. GON declared the year 2010 as a year against Gender- Based Violence against Women (NWC 2011).

However, there are many problems and issues in relation to women development and empowerment, which need to be addressed by the government, civil society, and social workers.

Domestic Violence

Domestic violence against women and girls is a serious and widespread problem in Nepal. Male dominating society, dependency

The relationship, cultural, economic and religious factors are the major reasons for the problem. Growing incidents of trafficking, rape and domestic violence, child and forced marriage, sex-selective abortions, violence related to dowry and accusations of witchcraft, violence against women especially against sexual minorities, harmful traditional practices such as chhaupadi and deuki and the rising number of incidents of violence against women especially against women from marginalized groups such as single women (widows), Dalit women, disabled women and Muslim women have alerted the government, civil society and other stakeholders (NWC 2011, p8).

Domestic Violence (Crime and Punishment) Act, 2008 has defined domestic violence as any form of physical, mental, sexual and economic abuse perpetrated by any person to the other person with whom he has a family relationship. The definition also implies to the acts of reprimand or emotional abuse.

According to the Innocenti Digest, domestic violence includes violence perpetrated by intimate partners and other family members and manifested through (Unicef, 2001).

Physical abuse such as slapping, beating, arm twisting, stabbing, strangling, burning, choking, kicking, threats with an object or weapon, and murder is considered as violence. It also includes traditional practices harmful to women such as female genital mutilation and wife inheritance (the practice of passing a widow, and her property, to her dead husband’s brother).

Sexual abuse such as coerced sex through threats, intimidation or physical force, forcing unwanted sexual acts or forcing sex on others.

Psychological abuse which includes behavior that is intended to intimidate and persecute, and takes the form of threats of abandonment or abuse, confinement to the home, surveillance, threats to take away custody of the children, destruction of objects, isolation, verbal aggression and constant humiliation.

Economic abuse which includes acts such as the denial of funds, refusal to contribute financially, denial of food and basic needs, and controlling access to health care, employment, etc.

Social and cultural (socialization and gender role), economic (dependency on men, lack of education and money), political (lack of representation in power and politics) and legal (lack of laws or insensitive law regarding women) factors could be taken as the main cause for domestic violence. Domestic violence has an adverse impact on women’s development in terms of physical, mental, emotional, social, and educational and economics.

“Violence against Women”, WHO Consultation, 1996 has given following:

Table: Health Consequence of Violence Against Women

The above table shows the types of violence in terms of life-cycle of women and its consequences on women’s health. This depicts the vulnerability of women in terms of violence.

Respecting the right of every person to live a secure and dignified life; to prevent and control violence occurring within the family the Domestic Violence (Crime and Punishment) Act, 2008 is enacted in Nepal. The Act has defined domestic violence as a crime and made provision for punishment and compensation with a fine of three thousand rupees which may extend up to twenty-five thousand rupees; or six months of imprisonment; or both.

Legal Rights for the Women: Marriage, Divorce, and Child Custody

Nepali legal system is based on Hindu Legal System and patriarchy society; therefore it is more favorable towards male and discriminatory in many ways toward women and girls. Gender-based discrimination and exploitation can be observed in our culture and institution. Along with the process of development and increasing awareness of human rights, particularly, women rights Nepal have been witnessing several socio-cultural change and development in respect to women empowerment.

In addition, many legal amendments were made in existing legal system including Muluki Ain (Civil Code) and international treaties and conventions have been adopted by Nepal for the promotion and empowerment of Nepalese women, Some of those significant conventions are: Convention on the Rights of the child in 1990, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1991, Convention on the political Rights on Women (11) in 1966, Supplementary Convention on the Abolition of Slavery, the Trade and Institutions and Practices similar to Slavery in 1963 (Sangraula, 2001).

Law Related to Marriage

According to the Muluki Ain, the minimum age for marriage is 18 years and 21 years for women and men respectively. However, with the consent of parents, women and men can marry at the age of 16 and 18 years. The law prohibits child marriage, forceful marriage (without a consent of each party) and the marriage which has 20 years age gap between the parties. Bigamy and polygamy are also strictly restricted by the law and subjected to punishment like imprisonment and capital fine. However, in some parts of Nepal, child marriage, bigamy, and polygamy are culturally practiced.

Law Related to Divorce

According to the Muluki Ain under the chapter ‘Husband and Wife’ is entitled to seek a divorce from her husband in following conditions:

• If he commemorates a second marriage or keeps another woman as a wife.
• If he rejects his wife from the house or cease to support her financially.
• If he separates from his wife for a period of at least three years.
• If he causes or tries to cause such acts as may threaten the life or inflict serious injury to her.
• If he is impotent.

According to Sangraula (2001), despite the social and religious stigma, in reality, the number of divorces is increasing in the society. Since, women can go straight to the court's jurisdiction, divorce cases filed by women outnumbers that of men. However, in a great number of cases, the women are forced to resort the divorce by their husbands.

If the cause for the divorce is the husband, the wife can alimony (maintenance) from his for her. The court decides alimony in reference to the living standard of the husband for the period of five years from the date of divorce or until she is remarried.

Child Custody

If a child is born within 272 days from the date of divorce, the child is legally considered to be born out of the divorced husband. The mother has the rights to legal custody till the child attains the age of five. The mother has right to keep minor above the age of five if the mother remains unmarried. The maintenance responsibility goes first to the father. If the mother's income is higher than that of the father, the mother shall be obliged to be bear the expenses as specified by the court (Sangraula, 2001).

Reference-

Shrestha, S. K. (2013). the concept of social work. Kathmandu: Taleju, Prakashan.