Class Presentation on Social Welfare and Social Work Law (Law 597) criminalized practices such as dowry and
uch as dowry and Chhaupadi (the practice of isolating
Unit: Women and Social Welfare System
Submitted By: Anisha Bhusal, B.A.LL.B., 10th Semester, Roll Number: 13
Submitted To: Mr. Dipak Silwal, Nepal Law Campus, Exhibition Road
Date: 2080/10/7
Topic: Economic and Legal Status of Women in Society
 Determining factors for economic status are Labor Force, Occupation, education,
income, employment status, etc. In Nepal, the role of women in the economy has
undergone a significant transformation in the past four decades.
 Labor Force Participation: Women in Nepal are active participants in the
workforce, particularly in agriculture and informal sectors. In 2010, women
constituted 23.6% of the Nepali labor force which increased to 28.6% in 2022.
Furthermore, the proportion of waged and salaried women grew from a modest
8.31% in 2010 to 12.1% in 2019.
 In 2010, women constituted 23.6% of the Nepali labor force which increased to
28.6% in 2022. Furthermore, the proportion of waged and salaried women grew
from a modest 8.31% in 2010 to 12.1% in 2019.
 The Central Bureau of Statistics' 2021 analytical report on 'Women in Business'
disclosed that 29.6% of managerial positions held by women, while male
managers account for 70.3%, indicating a notable gender disparity in the
workforce. .
 According to the 2021 Financial Access Report from the Nepal Rastra Bank, Out
of a total of 29.92 million people with bank accounts, 19.11 million are men,
while 10.61 million are women.1
 According to Department of National Personnel Records (Civil), out of total
number of civil servants i.e., 88,657, only 26.58 percent are women (up to Ashad
31 2077/78). Ten years back it was only 13.84 percent. Data shows that number of
women in civil service is growing continuously. 2 Similarly, according to National
Census 2021, female literacy rate is 69.4 percent. (National Census 2011 female
literacy rate = 57.4%)
Legal Status: Nepal has made strides in legal reforms to address gender-based
violence, including domestic violence and sexual harassment. The country has also
1
https://nepaleconomicforum.org/nepals-position-women-business-and-law-
2023/#:~:text=In%202010%2C%20the%20participation%20of,2010%20to%2012.1%25%20in%202019.
2
https://nepaloutlook.com/women-nepal-gender-
data/#:~:text=The%20literacy%20rate%20of%20the,literacy%20rate%20is%2069.4%20percent.
menstruating women). Representation: Efforts have been made to enhance women's
representation in political and decision-making bodies. The constitution mandates a
certain percentage of women in local and national government bodies.
 Article 38 of Constitution of Nepal, 2072: Right of women (Safe motherhood,
equal treatment, prohibition of physical, mental ,sexual violence against women,
right to participate in all state structures and bodies on the basis of proportional
participation)
 Article 11 (5): A child of Nepali women whose father is unidentified shall be
provided the citizenship of Nepal by descent. On September 2023, The Supreme
Court (SC) ruled that refusing to grant citizenship in the name of the mother is
against the constitution, issuing a mandamus in the name of the government.3
 Section 174 of Muluki Criminal Code 2074: Prohibition of transacting
property (Dowry) in marriage. But still widely practiced, especially in Terai
region. (Arati Shah case)
 Section 219(4) of Muluki Criminal Code, 2074: If the husband commits rape on
his wife during the existence of marital relationship between them, he shall be
liable to a sentence of imprisonment for a term not exceeding five years.
 Section 7 of Labor Act, 2074: Prohibition on discrimination in remuneration
for equal work.
 Furthermore, we have Domestic Violence (Offence and Punishment) Act, 2066
to prevent and control violence against women occurring within the family and for
matters connected therewith and incidental thereto making such violence
punishable, and for providing protection to the victims of violence.4
 Initiatives: - Government Programs - NGO Initiatives.
 Challenges:
- Despite legal reforms, issues such as domestic violence, human trafficking, and
child marriage still persists. Dowry System is also being practiced. Also
Chhaupadi Pratha has not come to an end. While there has been progress,
challenges still exist in ensuring equal access to education for girls, particularly in
rural areas.
- Even though there are bunch of laws on Women Rights, some of them are
limited only on paper with zero execution and implementation,
3
https://myrepublica.nagariknetwork.com/news/refusing-to-grant-citizenship-in-name-of-mother-is-unconstitutional-sc/
4
https://www.lawcommission.gov.np/en/wp-content/uploads/2018/10/domestic-violence-crime-and-punishment-act-
2066-2009.pdf